Fisher v. Carrousel Motor Hotel, Inc.
424 S.W.2d 627 · Texas Supreme Court · 1967
Facts
Plaintiff Fisher was a mathematician invited to a luncheon at the Carrousel Motor Hotel's Brass Ring Club, managed by employee Flynn. Flynn snatched Fisher's plate and shouted that he, a Negro, could not be served there, leading Fisher to sue for assault and battery.
Issue
The questions before this Court are whether there was evidence that an actionable battery was committed, and, if so, whether the two corporate- defendants must respond in exemplary as well as actual damages for the malicious conduct of Flynn.
Holding
The judgments of the courts below are reversed, and judgment is here rendered for the plaintiff for $900 with interest from the date of the trial court’s judgment, and for costs of this suit.
Rule
The rule in Texas is that a principal or master is liable for exemplary or punitive damages because of the acts of his agent, but only if: (a) the principal authorized the doing and the manner of the act, or (b) the agent was unfit and the principal was reckless in employing him, or (c) the agent was employed in a managerial capacity and was acting in the scope of employment, or (d) the employer or a manager of the employer ratified or approved the act.
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