Black v. Hamilton

Clark, Judge.

This is an appeal from denial of a motion for summary judgment brought by a defendant employer partnership operating a restaurant. Appellant was sued along with their employee who was the manager of their establishment. Plaintiffs were the parents of a minor son who was killed on the restaurant premises when negligently shot by a pistol wielded by the manager. Their child was an employee at the restaurant. Among the defenses contained in the answer of appellant was a contention that the death arose out of and in the course *882of the son’s employment so that the employer was immune…