In an action against a city for sexual assaults allegedly committed by firefighters, summary judgment for defendant is affirmed where the assault was not conduct within the scope of the firefighters' employment and could not support a finding that the city was vicariously liable for the harm.
Filed August 31, 2009
Opinion by Judge Scotland
Dissent by Judge Nicholson
Eileen M. Teichert, City Attorney, Sacramento, CA
Chance L. Trimm, Senior Deputy City Attorney, Sacramento, CA