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Lisa M. v. Henry Mayo Newhall Memorial Hospital

Supreme Court of California

907 P.2d 358 (1995)

Relevant factsFree

Lisa (plaintiff), a pregnant 19-year-old, went to the Hospital's (defendant's) emergency room after a fall, where ultrasound technician Tripoli, after convincing her further testing was needed, sexually molested her pubic area with his hands and the ultrasound wand. Lisa sued the Hospital for battery under respondeat superior; the trial court granted the Hospital summary judgment, and the appellate court reversed.

IssueFree

Whether a sexual battery committed by an employee can fall within the scope of employment for purposes of respondeat superior liability.

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