Theresa Drury appeals from the grant of summary judgment to Harris Ventures, Inc. d/b/a Brunswick Staff Zone “Staff Zone” as to her claims for negligent hiring and respondeat superior liability arising out of an attack by Reginald Holmes, a Staff Zone employee. Because the trial court correctly ruled that Staff Zone did not breach its duty in hiring the attacker and that the attack was outside of the scope of the employee’s duties, we affirm. 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.1 So viewed, the record shows that Drury’s husband called Staff Zone requesting two workers to help his wife pull weeds in the yard of their home. The husband emphasized that the workers needed to be suitable for working in the yard with his wife at home alone. Staff Zone did not have such employees available on the day of the request, but the next day the husband called again, and Staff Zone identified Holmes and his brother for the job, describing them as “trustworthy” in part based on a manager’s recollection of them working for Staff Zone on a few occasions in the past. On the day the men were dispatched, Staff Zone had the men fill out employment applications in which they denied having any criminal convictions, medical conditions, mental illnesses, or disabilities. They were then sent to work for Drury in her yard. As later confirmed in his deposition, Holmes purposely failed to disclose to Staff Zone that he had been diagnosed with and treated for schizophrenia since 1985 and that he had not been taking prescribed medication that controlled his condition. While working in the yard for Drury, Holmes became agitated and annoyed at Drury, and he eventually attacked her from behind, grabbed her throat, pinned her to the ground, and moved up and down on her in a sexual manner as she lay face down. Holmes’s brother explained that Holmes was off his medication and pulled Holmes off of Drury, who called her husband. The police were notified, and Holmes ultimately pled guilty to aggravated assault.
Drury sued Holmes and Staff Zone seeking damages based on several theories including, as to Staff Zone, respondeat superior and negligent hiring and retention. Staff Zone successfully moved for summary judgment, and Drury now appeals that order.
