Smith v. Lannert

429 S.W.2d 8 (1968)

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Nature of the Case

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Facts

P was a 36-year-old married female. P was employed as a checker in Bettendorf-Rapp's supermarket at the time of the incident. P went to Lannert (D) to request time for a break to go to the restroom. P was told to return to work. She did not do so but repeated her request for a break. Lannert told her to get back down to the courtesy checkout and get to work or he would spank her. She replied there was no man big enough to spank her. P did not believe Lannert(D) was joking nor did he appear to be joking. P started for the ladies' room in the employees' lounge. When she got to the door of the employees' lounge someone grabbed her from behind and pushed her into the lounge. It was Lannert (D). He then bent her over and struck her three times with his open hand on her buttocks. P was struggling all this time and did not know whether Lannert (D) was laughing or not. P stayed in the employees' lounge until time for her break had expired and then went back to work. The spanking caused red marks on her buttocks. P sued Ds. Lannert's (D) testimony was that he thought the incident to be entirely in jest since both he and P were laughing and 'kidding around' at the time. Lannert (D) testified he did not consider himself in the course and scope of his duties when he struck P. It was against company policy to lay hands on any employee and Bettendorf-Rapp (D) had received no complaints about Lannert (D) having ever done so prior to this time nor was he observed by other employees to act in an offensive manner toward them. P got the verdict for $2,500 and Bettendorf-Rapp (D) against Lannert (D) for $100.00. All parties appealed.