This section contains the nature of the case and procedural background.

Gerald (D), a licensed clinical psychologist, was employed by D to provide therapy and counseling services to P who was suffering from depression. Gerald (D) was 'cognizant of P's psychological and emotional history, which included her prior attempts at suicide,' and he knew 'that she was suffering from suicide ideation, and depression.' Gerald (D) had sexual intercourse with P. P sought damages caused by the assault and battery. P alleged that Gerald (D) was an employee, agent, and servant of Center (D) and that he was acting within the scope of his employment when he engaged in sexual intercourse with her. D demurred in that the doctrine of respondeat superior was not applicable because sexual intercourse was outside the scope of employment. The trial court agreed. P appealed.

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