Rent To Own, Inc. v. Bragg

Ruffin, Judge.

Danny Ray Bragg sued Rent to Own, Inc. for malicious prosecution, alleging that the company is vicariously liable for the torts of its employee, Mark Smith, in causing Bragg to be falsely arrested and imprisoned. The trial court granted Bragg partial summary judgment, finding “as matter of law that [Smith] was acting within the course and scope of his employment with Rent to Own, Inc. at the time he swore out the arrest warrant against [Bragg].” Rent to Own appeals that decision, and for reasons that follow, we affirm.

1. On appeal, we review the trial court’s grant of summary…