Sean Hutchinson successfully moved for summary judgment on behalf of our client.
The Plaintiff alleged that the defendant, a security officer at the premises and employee of our client, assaulted the plaintiff and threw him to the ground, causing him to sustain injuries. In December 2013, Plaintiff commenced an action alleging negligence, assault, battery, intentional infliction of emotional distress, negligent infliction of emotional distress, and punitive damages.
Our client was initially granted a motion to dismiss on statute of limitations grounds. Claims against our client based on negligent hiring, supervision, and training were reinstated on appeal.
In moving for summary judgment asserting an absence of material issues of fact, Mr. Hutchinson was able to establish our client's prima facie right to summary judgment dismissing claims of negligent hiring, supervision, and training by demonstrating that the security guard was working within the scope of his employment at the time of the incident.