33 Ch Principal & Agent Relationships
1. Case Overview: A delivery truck driver worked for the Evening Star in Washington, D.C. He
was on his route when he was commanded by a police officer to follow a traffic violator in order
to apprehend him. The police officer jumped onto the side of the truck and held on for the
duration of the chase. During the chase, Balinovic was injured when the truck collided with his
car. Balinovic wanted to sue both the driver and the Evening Star under the theory of vicarious
liability. Analysis: Chasing a criminal not was within the scope of the employment of the driver
of a newspaper delivery truck. In this case, a citizen responded to the call of an officer to aid in
law enforcement, thus that citizen became a municipal employee. The driver was no longer
subject to the control of the Evening Star, but only to the police officer. Final Thoughts:
Vicarious liability is based on the principle of respondent superior (let the master, or the superior
respond). Vicarious liability would not apply in this case. Judgment would be in favor of the
defendant.