Oneta v. Paul Tocci Co.

The action was brought by respondent, Steve Oneta, to recover damages for assault committed by defendant, Donald Gordon, an employee of the corporate defendant Paul Toed Company, Inc., the appellant. Though named as a defendant in the action, Donald Gordon was not served with process. The suit against appellant was predicated upon the theory that Gordon struck respondent while Gordon was engaged in the performance of his duties and in furtherance of the business of his employer, the appellant.

*682For five months appellant had been under contract with respondent’s employer, the owner of One Park…