Torts 45 ALR4th 289
Torts 45 ALR4th 289
KATRINA Q. PLUMMER
v.
Cox Cable
Hampton Roads v. City of Norfolk, 242 Va. 394, 397, 410 S.E.2d
652, 653 (1991).
Dr. Roque Gerald, a licensed clinical psychologist, was
employed by the defendant, Center Psychiatrists, Ltd.
Gerald
Gerald
not acting within the scope of his employment, but "solely for
Va. 430, 432, 362 S.E.2d 900, 901 (1987); McNeill v. Spindler,
191 Va. 685, 694, 62 S.E.2d 13, 17 (1950).
Additionally, "[w]hen
William Jordan, a
contract.
Systems
"clearly established that Waldrop committed serious
violations of BellSouth's conflict-of-interest rules.
Waldrop established his own company, called EntraCom
Corporation, as a means to conduct business with
Halifax and other companies that provided services to
BellSouth, and he accepted bribes from Halifax in the
form of 'kickbacks' on transactions between Halifax and
EntraCom."
Id. at 43, 453 S.E.2d at 265.
In Commercial Business Systems, we noted that "[i]n
determining whether an agent's tortious act is imputed to the
principal, the doctrine's primary focus is on whether the
activity that gave rise to the tortious act was within or without
the agent's scope of employment."
S.E.2d at 504.
The defendant asserts that our recent decision in Tomlin v.
McKenzie, 251 Va. 478, 468 S.E.2d 882 (1996), supports his
contention that Gerald's acts, as a matter of law, were outside
the scope of his employment.
We disagree.
In Tomlin, the
The motion
The
claim that she was acting outside the scope of her employment
when she committed the allegedly tortious acts.
Rather, we
of respondeat superior.
See,
from the facts proved are often within the province of the jury."
Id. at 308, 49 S.E.2d at 367.
Under such
was committed while the employee was performing the duties of his
employment and in the execution of the services for which he was
employed.
Ltd., 887 S.W.2d 622, 625 (Mo. Ct. App. 1994)(adopting majority
view and citing exemplar decisions, Id. at n.4); Sharples v.
State, 793 P.2d 175, 176-77 (Haw. 1990)(respondeat superior does
not apply even though counselor maintained sexual intercourse
"was part of his therapy," Id. at 176 n.1).
See generally