George Dukas is a delivery man for Poquito Banana Company. He is also a big jokester. One day, while delivering bananas to the Shoppers Food Mart in Hialeah, Florida, he decides to play a trick on Carol Lombardi, a customer walking through the parking lot. Ms. Lombardi is seven months’ pregnant. While sitting in the Poquito Banana truck, George takes out a toy gun, points it at Ms. Lombardi and says, “Stick up your hands and give me your money.” Ms. Lombardi does not realize it is a toy gun. She is so frightened, she passes out, hurts her back and goes into premature labor. She is confined to bed rest for the remaining weeks of her pregnancy, but the baby is born healthy. Ms. Lombardi has many emotional problems from this incident, and her back will need numerous surgeries. Ms. Lombardi files suit against George Dukas, Poquito Banana Company and Shoppers Food Mart.
You work for the law firm representing Poquito Banana Company. Your boss tells you to file a motion for summary judgment showing there are no facts at issue for a jury to decide because, at the time of the incident, the delivery man was not within the scope of his employment, and his act was criminal rather than negligent, thus the company could not, as a matter of law, be liable under a respondeat superior theory.
To view FRCP Rule 56, which deals with summary judgment, click
https://www.law.cornell.edu/rules/frcp/rule_56
You can use the following case law to begin your research to support your claims and defenses:
Iglesia Cristiana La Casa Del Señor, Inc. v. L.M., 783 So. 2d. 353 (Fla. Dist. Ct. App. 2001)
Complete the motion for summary judgment and incorporate the legal arguments and cites into the motion.