PLUMMER V. CENTER PSYCHIATRISTS, LTD.
476 S.E.2d 172 (1996)
NATURE OF THE CASE: Plummer (P) appealed a dismissal of her suit against Center (D) for
damages resulting from the sexual intercourse of a psychologist with P wherein the court
held that the doctrine of respondeat superior did not apply.
FACTS: Gerald (D), a licensed clinical psychologist, was employed by D to provide therapy
and counseling services to P who was suffering from depression. Gerald (D) was 'cognizant of
P's psychological and emotional history, which included her prior attempts at suicide,' and
he knew 'that she was suffering from suicide ideation, and depression.' Gerald (D) had
sexual intercourse with P. P sought damages caused by the assault and battery. P alleged
that Gerald (D) was an employee, agent, and servant of Center (D) and that he was acting
within the scope of his employment when he engaged in sexual intercourse with her. D
demurred in that the doctrine of respondeat superior was not applicable because sexual
intercourse was outside the scope of employment. The trial court agreed. P appealed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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