Durand v. Moore

MAJORITY OPINION

WILLIAM E. JUNELL, Justice (Retired).

This is a respondeat superior case. The employer, Sherry John Durand, Jr., d/b/a Desiree, (“Durand”) was held liable for the acts of his employee, Craig Lewis. Lewis was a doorman at Durand’s nightclub when he assaulted a customer waiting to enter the club. Durand complains that Lewis was not acting in the course and scope of his employment when the assault occurred and that punitive damages were unjustified. We affirm in part, reverse in part.

Desiree is a Houston nightclub, owned and operated by Durand. On April 19, 1991, Craig Lewis, an…