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Torts Keyed to Dobbs
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Edgewater Motels, Inc. v. Gatzke
Facts
Edgewater Motels, Inc. (Plaintiff) brought an action against Gatzke and his employer, Walgreen’s (Defendants), in connection with fire damage to one of its properties caused by Gatzke’s negligently smoking a cigarette while in his motel room. The jury found Gatzke to be 60% liable, and his employer liable for the remainder. The trial judge concluded that Gatzke’s conduct did not fall within the scope of his employment, rendering a judgment notwithstanding the verdict in favor of Walgreen’s.
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