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Agnes Scott College, Inc. v. Hartley

Private College Could Be Found Vicariously Liable For Law-Enforcement Acts of Campus Police Officer Who Was Full-Time Employee

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McFadden, Presiding Judge.   In the third appearance of this case before us, Agnes Scott College, Inc. challenges the trial court’s denial of its motion for judgment notwithstanding a mistrial. It argues that the trial evidence did not support the imposition of vicarious liability against it for the allegedly tortious acts of campus policeman[1] Gaetano Antinozzi. But Agnes Scott does not dispute that Antinozzi was its full-time employee acting within the course and scope of his employment when he engaged in the acts at issue. Because these facts permit the imposition of vicarious liability against Agnes Scott, we affirm.1. Facts and procedural history.A motion for judgment notwithstanding a mistrialcan be sustained only where there is no conflict in the evidence as to any material issue and the evidence introduced, with all reasonable deductions therefrom, shall demand a particular verdict. On appeal from a grant of a motion for judgment notwithstanding a mistrial, we view the evidence and the inferences reasonably supported by the evidence in favor of the nonmovant.

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