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Case No. 21-1072

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.

County:
Muscatine
Trial Court Case No.:
LACV022876

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

Briefs

Supreme Court Opinion

Opinion Number:
21-1072
Date Published:
Jun 09, 2023

Other Information

Date Retained:
Mar 01, 2022
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