Hester v. Church's Fried Chicken

This cause came on to be heard upon an appeal from the Court of Common Pleas of Hamilton County.

In the order from which this appeal is taken, an employer was absolved of liability as a matter of law for an act of assault that stemmed from a confrontation between two of its employees. We must now determine from the evidence in the record whether the entry of summary judgment derived properly from a determination that the assault was not attributable to the employer under the doctrine of respondeat superior because it had not taken place in the execution of the employer’s business and within…