(Download) "Gope Panjwani v. Star Service & Petroleum" by Supreme Court of Missouri Division 2 " Book PDF Kindle ePub Free
eBook details
- Title: Gope Panjwani v. Star Service & Petroleum
- Author : Supreme Court of Missouri Division 2
- Release Date : January 08, 1965
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 66 KB
Description
This is an action by a customer, Gope Panjwani, for actual and punitive damages for an assault and battery, against the assistant
manager, William Parker, of a gasoline filling station and the owner-operator, Star Service and Petroleum Company. Parker
in his individual capacity filed a counterclaim against Panjwani in which he claimed $500 actual and $500 punitive damages
because his "feelings were wounded, he was insulted, humiliated and caused to suffer mental anguish" by reason of Panjwani's
violation of a city ordinance against offensive language and disorderly conduct. The jury found against Parker's claim, and
while Panjwani sought $65,000 actual and $65,000 punitive damages, the jury returned a verdict against both defendants for
$1300 actual damages and $7100 punitive damages. The parties all filed motions for a new trial, the plaintiff as to compensatory
damages only, the court overruled all defendants' motions and granted plaintiff a new trial on "the sole issue of damages."
Specifically the court found that the "verdict herein as to compensatory damages is inadequate and the verdict herein as to
punitive damages is excessive. A new trial will be limited to the issue of damages." Upon the defendants' appeals numerous
questions have been briefed and argued, but two of the problems are in fact dispositive of the appeal and it is not necessary
to consider the other assignments of error. The appellants contend, in the first place, that the court erred in denying their
motions for directed verdicts, and second, if plaintiff did make a submissible case, that the court erred in restricting a
new trial to the single issue of damages. The appellants, as manager and owner, do not challenge the general rule that for an assault and battery by an acting manager
their customer may recover both actual and punitive damages; "the overwhelming weight of authority supports the proposition,
either expressly or by necessary implication, that an employer may be held responsible in tort under the doctrine of respondeat
superior for an assault committed by his employee while acting within the scope of the employment, even though the latter
acted wantonly, and contrary to the employer's instructions." 34 A.L.R.2d 372, 396, "Liability of employer * * * for a personal
assault upon customer, patron, or other invitee." The Missouri cases following and applying this general rule are all collected
in that annotation and it is not necessary to list them here. The corporate appellant, Star Service & Petroleum Company,
contends, however, that Parker had completed service to Panjwani and had gone on to serve another customer, and, it says,
assuming that Parker did strike the plaintiff in the face with the nozzle of the pump hose, he would not have been acting
in the course and scope of his employment and with the intent to promote its business and, therefore, there was no liability
on its part under the rule. Parker claimed that he did not either serve or strike Panjwani, he claims that Panjwani stumbled
and fell and struck his face on a concrete island.
 "Gope Panjwani v. Star Service & Petroleum" by Supreme Court of Missouri Division 2 " Book PDF Kindle ePub Free){kind=link}