Many people’s jobs require them to drive regularly, and therefore many employers provide people with company cars. As such, in many instances in which a person driving a company car causes an accident that injures another party, the injured party may not only pursue claims against the driver but also against the company that employed the driver on a theory of vicarious liability. Recently, a Tennessee appellate court discussed what constitutes sufficient evidence to impose vicarious liability on an employer in a case in which a person was killed in a collision with a driver using a company car. If you or a loved one suffered injuries in an accident involving a car owned by the driver’s employer, it is advisable to speak to a proficient Tennessee car accident attorney regarding what claims you may be able to pursue against the parties responsible for your harm.
Facts of the Case
It is alleged that the plaintiff’s wife was involved in a car accident with the defendant driver, who was both the son and employee of the defendant vehicle owner. The plaintiff’s wife ultimately died due to the injuries caused by the accident, and the plaintiff filed a lawsuit against the defendants, alleging a vicarious liability claim against the defendant vehicle owner. Specifically, the plaintiff argued that the defendant driver was acting in the scope and course of his employment during the accident, and therefore the defendant vehicle owner should be held accountable for the harm caused by the defendant driver.
It is reported that the defendant vehicle owner filed a motion for summary judgment, setting forth evidence that the defendant driver was acting outside of his employment at the time of the accident and asking the court to dismiss the claims against the defendant vehicle owner. The court granted the motion, and the plaintiff appealed.