by Larry D. Smith, Esq., Ogletree Deakins, San Antonio
Employers occasionally become dejected over the prospects of defending against tort and other civil claims in state courts. However, a recent case out of Houston reaffirms that employers can and do win these kinds of cases—if they have implemented the appropriate policies.
A salesman’s assault
In Ogunbanjo v. Don McGill of West Houston, Ltd., the Texas Court of Appeals for the 1st District considered a lower court’s decision to grant summary judgment in the employer’s favor in a case over an employee’s assault on a customer. In October 2011, the plaintiff-customer took her car to be serviced at the defendant’s dealership. She dropped off her car and was told to wait for the driver of the dealership’s shuttle to take her home.
While she was in the waiting room, one of the dealership’s car salesmen approached the customer and offered to give her a ride home. After the two ...(register to read more)