Hospital Employee Assaulted a Security Guard When Required to Submit to a Drug Test
A Summary Judgement was Granted for the defendant Hospital When Its Employee Being Required to Submit to a Drug Test Assaulted a Security Guard:
In Costa v. Roxborough Memorial Hospital, 708 A.2d 490, 493 (Pa. Super. 1998), the court affirmed a grant of summary judgment for the defendant hospital whose employee had assaulted the plaintiff security guard when the employee was being required to submit to a drug test.
The court found as a matter of law that the employee's assault, which occurred during work hours and at the place of employment, was not within the scope of employment, both because it was completely unrelated to the nature of the employment and because it was in no way actuated by a purpose of serving the employer.