Fern Sims v. James Bergamo

Summary

The New York Court of Appeals held that the bartender's assault was within the scope of his employment and in furtherance of the employer's interests, reversing the Appellate Division and reinstating the trial judgment for the plaintiff. The court reasoned that the assault could be inferred as an effort to protect the establishment's property and maintain peace, even though the method was improper. A dissent argued that the assault was a personal act unrelated to the employer's business and would have affirmed the dismissal.