Lourim v. Swensen
Supreme Court of Oregon
977 P.2d 1157 (1999)
Relevant factsFree
Daniel Lourim (plaintiff) sued the Boy Scouts of America and troop leader John Swensen (defendants) for negligence, alleging Swensen sexually assaulted him after cultivating a close relationship with Lourim and his family as part of his duties as troop leader; the district court dismissed the claim, and the court of appeals affirmed, finding Swensen was not acting within the scope of his employment when he committed the assault, prompting Lourim's appeal.
IssueFree
Whether, in applying the doctrine of respondeat superior to an intentional tort, courts determine whether the complaint alleges conduct within the scope of employment which resulted in the acts that caused the plaintiff's injury.