Nunez v. Robertson Ready Mix, Inc.

Plaintiff asserted actions for battery and intentional infliction of emotional distress against Defendant, claiming that he was assaulted and battered by Doe 1 who was a construction worker employed by Defendant. Defendant moved for summary judgment on the basis that there was no evidence of any employment relationship, and even if there was, the altercation was unrelated to any job duties. Similarly for the IIED claim, there was no vicarious liability. The court granted summary judgment for Defendant.