Shari L. Martin
v.
Thomas A. Tovar, Individually and In His Official Capacity, and City of Muscatine, Iowa
Shari L. Martin appeals the grant of summary judgment to the City of Muscatine on her claims of respondeat superior/vicarious liability for sexual misconduct and assault committed against her by Thomas A. Tovar, a police officer who was employed by the City. Martin argues: (1) the City is liable for Tovar’s assault of Martin under the aided-by-agency theory relative to the doctrine of respondeat superior when Tovar committed the sexual assault on duty while in a position of authority and trust; and (2) a fact question exists as to whether Tovar’s conduct was within the scope of his employment because his conduct was foreseeable by the City.
Appellant
Shari L. Martin
Appellee
Thomas A. Tovar, Individually and In His Official Capacity, and City of Muscatine, Iowa
Attorney for the Appellant
M. Leanne Tyler
Attorneys for the Appellee
Martha L. Shaff
Brandon W. Lobberecht
Supreme Court
Oral Argument Schedule
15-15-5
Feb 21, 2023 9:00 AM