This section contains the nature of the case and procedural background.

P, then 17, was employed as a kitchen helper for Hotel (D). His immediate supervisor was Lewis (D), the kitchen steward. On the day of the injury, P arrived late for work. Lewis (D) told him to take the rest of the day off and to get a haircut, since the hotel manager did not want bushy-haired employees on the food premises. LeBrane (D) hung around and, despite several warnings by Lewis (D), refused to leave. Lewis (D), who has the authority to hire and fire, then terminated P's employment. He had LeBrane (P) sign a termination slip and took him upstairs to the hotel manager's office for his termination pay. The manager was out, so Lewis (D) and P then rode down the elevator again. On the way down, a heated and profane argument ensued, with, in the trial court's finding, each 'more or less inviting each other outside.' On the way out, Lewis (D) and P commenced fighting. The factual finding was that Lewis (D), in stabbing P as he tried to run away, used excessive force and is liable in tort. The final stabbing took place within the loading premises at the basement level of Hotel(D). This was away from the kitchen, but still on the premises en route to the basement exit. P sued Ds in tort, and the court dismissed Hotel (D), holding that the act, even though in the Hotel (D), was not in the scope of employment.

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