Party Time, Inc. owned and operated a nightclub. One night, plaintiff Gump became "silly drunk" in the nightclub and began disturbing patrons. The police were called and they ordered Gump to leave; Gump left the premises. Shortly, Gump realized he had left his coat in the nightclub. When he attempted to reenter the nightclub, the manager refused to let him reenter. Gump persisted in arguing with the manager at the door.
A patron, Walters, suddenly jumped up from the table at which he was seated, and pushed Gump who lost his balance, fell backward. grabbing the door frame as he fell. Walters then slammed the door on Gump's hand and held it shut for several minutes. The manager did not take any action or make any comment during Walters' outburst.
Gump sustained severe hand injuries and sued the nightclub for damages.
Will the nightclub be liable to Gump for his injuries inflicted by Walters? Why or why not? Consider, and address in your answer, whether Walters was acting with any type agency authority when he injured Gump.
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