Stephen Brooks was employed as a sales representative for the Bob King Mitsubishi car dealership. Reba Stanley, age eighteen, met with Brooks to test drive a Mitsubishi pickup truck. During the test drive, Brooks assaulted Stanley “by touching and grabbing her arms, hands, groin area, and breasts. He also exposed his genitals and placed her hand on his private parts.” When they returned from the test drive, Brooks took her to the Mitsubishi service department “and exposed himself again and tried to force her to touch him.” Stanley was able to free herself and left the dealership. Brooks was later convicted on charges arising out of the incident. Stanley sued both Brooks and the car dealership, claiming the she suffered intentional infliction of emotional distress.

What must Stanley prove in order to win her case and why?

The dealership argued that the case against them should be dropped as they were not responsible for Brook’s actions, and asked the court to grant a motion for summary judgment. The defense argues that the motion should be denied under the doctrine of “respondeat superior”. Should the court grant the motion? If so why or if not why not?