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Waters v. Steak & Ale of Ga. Inc.

Restaurant's kitchen employees were not acting within the scope of their employment when they assaulted plaintiff, since they had no responsibility for security or authority to use force on the premises.

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In this action based on the principles of respondeat superior, Gordon Waters appeals the trial court’s grant of summary judgment to Steak & Ale of Georgia, Inc., d/b/a Bennigan’s, on his claims of battery, false imprisonment, and active negligence. Waters contends that issues of fact remain as to whether Bennigan’s can be held responsible for injuries he received from an altercation between himself and members of Bennigan’s kitchen staff. Because we find that the acts of the kitchen staff were not done within the scope of their employment, we find that respondeat superior does not apply and affirm the decision of the trial court.

Summary judgment is proper when there is no genuine issue of material fact and the movant is entitled to judgment as a matter of law. OCGA § 9-11-56 c. A de novo standard of review applies to an appeal from a grant of summary judgment, and we view the evidence, and all reasonable conclusions and inferences drawn from it, in the light most favorable to the nonmovant.

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