J. Robb Cruser obtains summary judgment

J. Robb Cruser obtained summary judgment in the U.S. District Court Atlanta Division in a premises liability case in which plaintiff was seeking damages from several defendants, including Chisholm Properties. Plaintiff claimed he was injured by an off-duty City of Atlanta police officer who was working as a security guard at a bar. Plaintiff had surgery and sought damages from Chisholm Properties, arguing that the doctrine of respondeat superior (which states that an employer is responsible for the actions of employees performed within the course of employment) applied. However, in cases involving off-duty police officers working for private employers, the employer escapes liability if the officer was performing police duties which the employer did not direct when the cause of action arose. The Court found that plaintiff failed to create a question of fact as to Chisholm Properties’ liability under a theory of respondeat superior and, furthermore, failed to point the court to any law or fact which would support another basis for Chisholm Properties’ liability.