Lоri Jean Slaton appeals the trial court’s grant of summary judgment to appellees B & B Gulf Service Center, Robert M. Bailey, and Robert M. Bailey, Jr. Slaton brought this action for negligence and negligent hiring after she allegedly was assaulted and battered by Nathaniel D. Wallace, an employee of B & B Gulf. Slaton stopped at B & B Gulf on March 18, 1984 to ask for directions. Wallace offered to show her the way on a map in the office. Slаton testified at her deposition that when she entered the office, Wallaсe slammed the door and turned off the lights. She opened the door and Wallaсe turned the lights back on, grabbed her arm, and asked her if she wanted to party. She screamed, and Wallace grabbed her other arm. Slaton broke away, ran tо her car and left the station. As soon as the Baileys learned of this incident, Wallаce was fired. Wallace is not a party to this suit. Held:
1. “OCGA § 51-2-2 provides: ‘Every person shall bе liable for torts committed by . . . his servant by his command or in the prosecution and within the scope of his business, whether the same are committed by negligence or voluntarily.’ ‘As construed in
Frazier v. Southern Ry. Co.,
The evidence in the present case does not supрort Slaton’s contention that appellees are liable under the doctrine of respondeat superior as set out above. Wallace’s duties аt the station, as stated in Robert Bailey’s affidavit in support of appellees’ motion for summary judgment, included filling customers’ tanks with gas and station maintenance. Bailey stated that Wallace was told specifically not to go into the office because he had no duties there. While Wallace may have been advаncing his master’s interest in taking Slaton to view the map, clearly he abandoned his mаster’s interest and pursued only his own when he grabbed Slaton and asked her to “party.” The trial court correctly granted summary judgment to appellees on the issue of respondeat superior.
2. Regarding the issue of negligent hiring, the record shows the affidavits of both of the Baileys. Each avers that he had no knowledge of any violent propensities by Wallace. Wallace filled out an application for employment listing former employers and references. The Baileys averred that B & B Gulf communicated with Wallace’s former employers and referenсes and was told that Wallace was a trustworthy employee who had no known problems. In opposition to this evidence, Slaton adduced a certified copy of a conviction of Wallace for simple assault in the State Court of DeKalb County. However, the conviction is undated. It is from this conviction that Slaton argues that appellees should have known of Wallace’s violent tendencies.
In order to hold appellees liable for negligent hiring, Slaton must show by competent evidence that appellees knew or should have known of Wаllace’s alleged criminal and violent propensities.
Southern Bell Tel. &c. Co. v. Sharara,
Judgment affirmed.