the time, was employed at a Popeye's restaurant in New Orleans. Her supervisor that night was an assistant manager, Desmond Paul Brown. *1191 During the evening Brown counseled Ms. Patterson on proper work etiquette.
When Ms. Patterson finished her double shift on July 5, 1982, she clocked out and waited for her ride outside the restaurant. At approximately 3:00 a.m., Brown asked her to come back inside while he finished some paperwork, after which he indicated that he would drive her home. Once inside, Brown informed the plaintiff that he had to write a report regarding an earlier incident between the plaintiff and a co-worker. Then he made sexual advances and told plaintiff that she would lose her job if she did not cooperate. He finally raped her atMays, supra, the appellate court affirmed the jury finding that the assistant manager was not acting in the scope of his employment when he raped a job applicant in a motel after he offered the applicant a ride to another city for a job interview with the manager. The appellate court noted that the harm plaintiff suffered could not have been foreseen, and the employer was not vicariously liable for the intentional acts of its employee.
In Tampke, supra, the trial court directed a verdict in favor of the employers and their insurer, because the truck driver was not acting in the scope of employment when he killed the plant manager co-employee after a heated discussion concerning a hit and run accident in which the truck driver was involved