Morrison Mahoney Partner Tory Weigand, with the invaluable assistance of Associate Erin Thron, prevailed before the Appeals Court, which affirmed an award of summary judgment entered by the Superior Court.
In the underlying case, the claimant had asserted personal injury claims including failure to train and supervise against the client, a large statewide lawn and pest control company. The claimant asserted he was assaulted in the bathroom of his workplace by an employee of the company and while the employee was providing lawn aeration services. The Appeals Court rejected the assertion that the use of the bathroom and incident by the putative employee was an incident of his employment with the lawn and pest control company and that the employee was not acting within the scope of his employment at the time and due to the nature of the incident/assault as a matter of law. It likewise rejected that there was sufficient evidence for a jury as to the failure to train and supervise claim.