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White v. Revco Discount Drug Centers11/22/2000
cond, we also conclude that the plaintiffs have made sufficient allegations to assert a cause of action based on a tort committed by Boone while in obedience to the orders or directions of Revco. First, the complaint alleges that following a conversation about Woodfin's second appearance at Revco a few days prior to June 4, the Revco manager directed Boone to check with the KPD about Woodfin's previous citation for disorderly conduct. The complaint further alleges that upon learning that a bench warrant had been issued for Woodfin's arrest, the Revco Manager directed Boone "to serve the bench warrant to prevent Woodfin from ever returning to Revco and to punish Woodfin for disregarding Revco's no trespass order." If these facts are taken as true, an agency relationship is established, and Revco would then be liable for the harm proximately resulting from Boone's actions taken in obedience to its directions, irrespective of whether Boone's actions were within the scope of his employment. Accordingly, we hold that the plaintiffs' complaint has stated a cause of action against Revco for Boone's actions taken in obedience to directions issued by Revco.
Finally, we conclude that the amended complaint alleges a cause of action based upon the actions taken by Boone with the actual knowledge and consent of Revco and taken primarily for Revco's benefit. For example, the original complaint alleges that Boone attempted to arrest Woodfin after Revco "allowed" Boone to leave, which taken in a light most favorable to the plaintiffs, shows that Revco had knowledge of Boone's actions and consented to those actions. The amended complaint also alleges that the purpose of Boone's actions was "to prevent Woodfin from ever returning to Revco and to punish Woodfin for disregarding Revco's no trespass order." This fact, taken in a light most favorable to the plaintiffs, shows that Boone's primary intent in undertaking the attempted arrest of Woodfin was to benefit Revco, his private employer. Consequently, because the complaint alleges that Revco knew of, and consented to, actions taken by Boone with the primary intent to benefit Revco, an agency relationship is established, and Revco is vicariously liable for the harm proximately resulting from Boone's actions. We hold, therefore, that the plaintiffs have alleged sufficient facts in support of a claim of vicarious liability based upon knowledge and consent of the principal to actions by an agent that were primarily intended to benefit the principal.
CONCLUSION
In summary, we conclude that issues concerning private employer liability for acts taken by an off-duty police officer employed as a private security guard are to be resolved according to Tennessee agency law. Accordingly, we hold that the complaint in this case alleges sufficient facts to state a cause of action against defendant Revco based on three separate theories: (1) that Revco is vicariously liable for the harm proximately resulting from the acts of its agent taken within the course and scope of the agent's employment with Revco; (2) that Revco is vicariously liable for the harm proximately resulting from the acts of its agent taken in obedience to directions or orders issued by Revco; and (3) that Revco is vicariously liable for the harm proximately resulting from the actions of its agent that were taken with the primary intent to benefit Revco and of which Revco knew and gave consent. Any analysis of whether the plaintiffs have established a prima facie case of liability is premature at this time, and the facts, if any, supporting Revco's liability for Boone's actions have not been developed in this Rule 12.02(6) motion. We therefore reverse the judgment of the Court of Appeals and remand
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