Steven Trujillo, told by the assistant door manager of Cowboys Bar “to show up to work tonight in case we need you as a doorman,” came to the bar that evening wearing a jacket with the bar logo on it. Trujillo “attacked” Rocky Medina in the parking lot of the bar, causing him serious injury. Prior to working for Cowboys, Trujillo was involved in several fights at that bar and in its parking lot, and Cowboys knew of these matters. Medina sued Cowboys on two theories of liability:
(1) Respondeat superior and
(2) Negligent hiring of Trujillo. Cowboys’s defense was that respondeat superior theory should be dismissed because the assault was clearly not within the course of Trujillo’s employment. Concerning the negligent hiring theory, Cowboys asserted that Trujillo was not on duty that night as a doorman. Decide. [Medina v Graham’s Cowboys, Inc., 827 P2d 859 (NM App)]