65. Cosa Nostra Collectors, Inc. runs a debt collection service. All employees of Cosa are instructed that
Question:
65. Cosa Nostra Collectors, Inc. runs a debt collection service. All employees of Cosa are instructed that they should never use violence, or even threats of violence, in attempting to collect a debt. Vincent (“Big Vinny”) Testarosa, one of Cosa’s collectors, attempts to collect a
$10,000 debt owed by Potter to a Cosa client, Carla. Potter refuses to pay even though (as Vincent knows) Potter has the money. In order to soften Potter’s resistance, Vincent disregards his employer’s instructions, and with an unlicensed pistol fires a slug through Potter’s left kneecap, crippling him for life. Potter then pays the money. Potter (after assuming a new identity and state of residence) brings suit against Cosa for battery, under the doctrine of respondeat superior. Can Potter recover?
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