Baldassarre v. Morwil Supermarket, Inc.

Summary

The court reversed an order granting summary judgment to Met Food Corp. in a personal-injury action arising from the sexual assault and beating of a grocery-delivery customer. It held that triable issues existed as to whether Met Food Corp. clothed the supermarket and delivery service with apparent authority, making summary judgment inappropriate.

Holdings

1. Evidence that Met Food Corp. intentionally created the impression that the supermarket belonged to a Met Food chain, assisted with advertising and circulars bearing the Met Food name, and was relied upon by the plaintiff created a triable issue of fact as to whether Met Food Corp. clothed the supermarket with apparent authority.
2. Summary judgment in favor of Met Food Corp. was inappropriate because triable issues of fact existed concerning apparent authority.

Questions Presented

1. Whether triable issues of fact existed regarding whether Met Food Corp. clothed the supermarket and its delivery service with apparent authority.
2. Whether summary judgment dismissing the plaintiffs' claims against Met Food Corp. was appropriate.

Disposition

reversed