Question
Stephen Brooks was employed as a sales representative for the Bob King Mitsubishi car dealership. Reba Stanley met with Brooks to test drive a Mitsubishi
Stephen Brooks was employed as a sales representative for the Bob King Mitsubishi car dealership. Reba Stanley met with Brooks to test drive a Mitsubishi pickup truck. During the test drive, Brooks assaulted Stanley "by touching and grabbing her about her arms, hands and breasts." When they returned from the test drive, Brooks took her to the Mitsubishi service department where he continued to assault her. 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 that she had suffered severe emotional distress as a result of the assault. The trial court found in favor of the car dealership. Stanley appealed, arguing that the dealership should be held liable for Brooks' torts under the doctrine of Respondeat Superior. What should the appellate court decide?
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