White v. Revco Discount Drug Centers, Inc.

33 S.W.3d 713 (2000)

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Nature of the Case

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Facts

Woodfin entered a D store in Knoxville. Woodfin caused considerable disruption, and he was issued a misdemeanor citation for disorderly conduct by D's security guard, Danny Boone. Boone, who was also an off-duty police officer with the Knoxville Police Department (KPD), warned Woodfin never to return to D. One month later on June 4, 1997, the manager of D approached Boone and informed him that Woodfin entered the store a few days earlier, contrary to Boone's earlier warning. One month later on June 4, 1997, the manager of D approached Boone and informed him that Woodfin entered the store a few days earlier, contrary to Boone's earlier warning. Boone, who was working that day as D's security guard, then called the KPD 'under the complete direction' of the D Manager and inquired as to the status of the May 4 citation. He learned that Woodfin failed to report to the jail for 'booking' on May 19 and a bench warrant had been issued for Woodfin's arrest. The manager directed Boone to go to Woodfin's apartment 'to serve the bench warrant to prevent Woodfin from ever returning to D. Boone contacted four or five uniformed KPD officers to accompany him from D to Woodfin's apartment. Woodfin had locked himself inside the apartment and that he would not allow anyone to enter. While waiting for the maintenance person to locate the key, Boone was contacted by the D manager, who wanted Boone to return to the store to issue a citation to a shoplifter. Boone left the apartment, issued the citation to the shoplifter and then returned to Woodfin's apartment. Boone and the officers entered the apartment and found that Woodfin had locked himself in the bathroom. Woodfin warned the officers that he had a shotgun pointed at the bathroom door and that he would shoot anyone who entered. One of the other officers then kicked open the bathroom door and fired his weapon, mortally wounding Woodfin in the stomach. The officers left the apartment and, for the first time, called a police supervisor to tell him what had occurred. Ps filed a wrongful death suit against Boone, d, the Knoxville police officers involved, the City of Knoxville, and the Knoxville Community Development Corporation, which leased the apartment to Woodfin. Ps alleged that Boone was acting 'as an agent' for D and that D was liable for Boone's actions under the doctrine of respondeat superior. Ps alleged that Boone was working as a private security guard for D and that he was acting 'under the direction, consent, control, and within the scope of his employment with D.' D moved to dismiss the complaint and the trial court granted the motion. Ps appealed. The Court of Appeals affirmed. Ps appealed.