Patterson v. Blair

172 S.W.3d 361 (2005)

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Nature of the Case

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Facts

P entered into an agreement with Courtesy (D) to trade his Camaro for a new 1995 GMC Jimmy. At the time of the trade, P owed $ 12,402.82 on the Camaro. P incorrectly informed Courtesy (D) that he owed only $9,500.00 on the car. The bank was closed, and Courtesy (D) could not verify the payoff amount on the loan. Courtesy (D) allowed P to take possession of the Jimmy but did not transfer title. An agreement was also executed providing that Courtesy (D) would credit P if he had overstated his outstanding indebtedness on the Camaro and, likewise, that he would pay the difference if his figure understated that amount. Courtesy (D) discovered the discrepancy. P refused to pay the additional sum and refused to return the Jimmy. Courtesy (D) tried to repossess the truck on at least two occasions. Blair, Jr. (D) and another Courtesy (D) employee encountered P, who was driving the Jimmy, on a public road. At a stoplight, Blair, Jr. (D) exited his car and knocked on P's driver-side window, demanding that Patterson get out of the vehicle. When P refused, Blair, Jr. (D) drew a pistol he was carrying and fired two shots in the front tire and two shots in the rear tire of the Jimmy. The disabled truck was impounded and returned to Courtesy (D) by the police. Courtesy (P) obtained a judgment against P for the Jimmy's loss in value. Citizens Bank obtained a judgment against P for the remaining sum owed on its loan. Blair, Jr.(D) was criminally prosecuted and was convicted of wanton endangerment in the first degree, a felony. P sued Ds. The jury was instructed on assault and the theory of vicarious liability, allowing the jury to impute liability to Courtesy (D) for the actions of its agent, Blair, Jr. (D). P got the verdict for $42,465.18, and Courtesy (D) was vicariously liable. The court of appeals held that Blair, Jr. (D) was not acting within the scope of employment, and Courtesy (D) was not liable. P appealed.