Frito-Lay, Inc. v. Ramos

In Frito-Lay, Inc. v. Ramos, 770 S.W.2d 887, 888 (Tex. App.--El Paso 1989), rev'd on other grounds, 784 S.W.2d 667 (Tex. 1990) a snack company employee engaged in an altercation with a store owner, shoving and injuring him, as he attempted to remove his company's merchandise rack from the store. The El Paso court determined that the jury's finding that the employee was acting within the course and scope of his employment was not against the great weight and preponderance of the evidence; the altercation involved the employee's "right to certain personal property" and his conclusion that, "as a company employee, he was obligated to remove all company equipment." Ramos, 770 S.W.2d at 889.