Delone v. Odom

WICKER, Judge.

Verna Delone appeals a summary judgment which dismissed Schwegmann Giant Supermarkets, Inc. from this proceeding. The issue is whether or not Schwegmann, her employer, can be sued in tort for the intentional act of Delone’s co-employee, Richard Odom, an unserved co-defendant. We reverse and remand.

*1016Delone and Odom were working in the delicatessen department of Schwegmann’s. Odom asked Delone to cover for him while he took a break, and she refused. Odom responded by kicking Delone in her back or “backside."

Delone sued Schwegmann and Odom, alleging Schwegmann’s liability for Odom’s…