Diaz v. Cabeza, ___ So. 3d ___, 35 Fla. L. Weekly D2903 (Fla. 3d DCA 12/22/10)
The owner of a restaurant verbally abused a waiter, struck him with a wine bottle, and poked or stabbed him with a fork. The waiter sued the owner for assault and battery and the restaurant for vicarious liability. The trial court entered summary judgment for the restaurant, but the appellate court reversed because the jury could infer that the owner “employed aggressive behavior to make his staff work harder and faster,” and, therefore, the owner’s actions were within the scope of his employment.