Austin v. Ryan's Family Steakhouses

L. CHARLES WRIGHT, Retired Appellate Judge.

Phillip Jerome Austin filed an action against Terry Gordon and Ryan’s Family Steakhouses, alleging a cause of action for assault against Gordon and Ryan’s (based on respondeat superior) and a cause of action against Ryan’s for negligent hiring.

Ryan’s answered the complaint and denied the allegations. It affirmatively pleaded that the allegations of negligence and respondeat superior were barred by the exclusivity provision of the Alabama Workers’ Compensation Act, as provided in § 25-6-53, Ala.Code 1975.

Ryan’s filed a motion for summary judgment,…