Frito-Lay Inc. v. Ramos

OPINION

OSBORN, Chief Justice.

This appeal is from a judgment awarding actual and exemplary damages to a party based upon an alleged assault and battery by an employee who was alleged to be in the course and scope of his employment for his employer at the time of the incident. Suit was filed only against the employer who appeals the adverse judgment which is based upon a jury verdict. We affirm in part and reverse and render in part.

Jose Padilla was employed as a district sales manager for Frito-Lay. On July 11, 1984, he was acting as a route salesman while the regular salesman was on vacation.…