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Rent to Own Inc. v. Bragg

The manager of a rental company was acting within the scope of his employment and authority when he swore out a warrant for the plaintiff's arrest for conversion.

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Danny Ray Bragg sued Rent to Own, Inc., for malicious prosecution, alleging that the company is vicariously liable for the torts of its employee, Mark Smith, in causing Bragg to be falsely arrested and imprisoned. The trial court granted Bragg partial summary judgment, finding “as matter of law that Smith was acting within the course and scope of his employment with Rent to Own, Inc. at the time he swore out the arrest warrant against Bragg.” Rent to Own appeals that decision, and for reasons that follow, we affirm.

1. On appeal, we review the trial court’s grant of summary judgment de novo to determine whether the evidence of record, viewed in the light most favorable to the nonmoving party, demonstrates any genuine issue of material fact.1

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