Orasz v. Colonial Tavern, Inc.

Massachusetts Supreme Judicial Court

Orasz v. Colonial Tavern, Inc.

289 N.E.2d 841, 362 Mass. 881, 1972 Mass. LEXIS 1089

CourtMassachusetts Supreme Judicial Court

DecidedNovember 6, 1972

StatusPublished

Cited by5 cases

This text of 289 N.E.2d 841 (Orasz v. Colonial Tavern, Inc.) is published on Counsel Stack Legal Research, covering Massachusetts Supreme Judicial Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Orasz v. Colonial Tavern, Inc., 289 N.E.2d 841, 362 Mass. 881, 1972 Mass. LEXIS 1089 (Mass. 1972).

Pincite

Opinion

The defendant appeals from an order of the Appellate Division dismissing a report in an action of tort for assault and battery. According to the report, the plaintiff, a patron of the defendant’s tavern, was beaten with a blackjack and kicked by a bartender employed by the defendant to maintain order and decorum, and the assault was committed by the bartender “for the purpose of accomplishing the work of the defendant and within the scope of his employment.” Two other bartenders testified for the defendant that they and a doorman were present during the affray, and one of them testified that the plaintiff called the first bartender a “faggot” before the bartender directed any remarks to the plaintiff. In our opinion the evidence reported warranted the trial judge and the Appellate Division in concluding that the bartender was acting within the scope of his employment. Ridge v. J. J. Foley Cafe, Inc. 318 Mass. 310, 311, and cases cited. See Suckney v. Bert P. Williams, Inc. 355 Mass. 62, 64-65. We need not [882]*882consider the suggestion that there may have been negligence in the defendant’s selection of personnel.

Thomas C. Cameron for the defendant. John M. Mullen (John G. Kilpatrick, Jr., with him) for the plaintiff.

Order dismissing report affirmed.

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The defendant appeals from an order of the Appellate Division dismissing a report in an action of tort for assault and battery. According to the report, the plaintiff, a patron of the defendant’s tavern, was beaten with a blackjack and kicked by a bartender employed by the defendant to maintain order and decorum, and the assault was committed by the bartender “for the purpose of accomplishing the work of the defendant and within the scope of his employment.” Two other bartenders testified for the defendant that they and a doorman were present during the affray, and one of them testified that the plaintiff called the first bartender a “faggot” before the bartender directed any remarks to the plaintiff. In our opinion the evidence reported warranted the trial judge and the Appellate Division in concluding that the bartender was acting within the scope of his employment. Ridge v. J. J. Foley Cafe, Inc. 318 Mass. 310, 311, and cases cited. See Suckney v. Bert P. Williams, Inc. 355 Mass. 62, 64-65. We need not [882]*882consider the suggestion that there may have been negligence in the defendant’s selection of personnel.

Thomas C. Cameron for the defendant. John M. Mullen (John G. Kilpatrick, Jr., with him) for the plaintiff.

Order dismissing report affirmed.

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Bluebook (online)

289 N.E.2d 841, 362 Mass. 881, 1972 Mass. LEXIS 1089, Counsel Stack Legal Research, https://law.counselstack.com/opinion/orasz-v-colonial-tavern-inc-mass-1972.

Opinion

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