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Smith v. Lannert

St. Louis Court of Appeals, Missouri

429 S.W.2d 8 (1968)

Relevant factsFree

Store manager Lannert (defendant), after reprimanding checker Doris Smith (plaintiff) for a prior overlong break and threatening to "spank her" if she took another one, physically spanked her when she defied his order to return to her register; the jury found Bettendorf-Rapp (defendant) liable under respondeat superior for $2,500 despite store policy prohibiting employees from laying hands on one another.

IssueFree

Whether, under the doctrine of respondeat superior, an employer holds strict liability for torts that employees commit while engaged in and carrying out the employer's business.

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