100%(5)5 out of 5 people found this document helpful
This preview shows page 3 - 4 out of 6 pages.
RESPONDEAT SUPERIOR3CASES OF RESPONDEAT SUPERIOR DOCTRINEHypothetically speaking, an employer may be held vicariously liable for the negligence of employer if and when the injury occurred, “if while employee was on the clock, injury stemmed from an activity the employee is required to perform, and employer benefited in any way from the activity of employee’s performance at the time of injury” (Vicarious Liability, 2016). In California Court of Appeals Case, Maiello vs. LA Digital Post Cal Ct. App (Firm 2015), the court heard the appeal on the account of a granting summary judgment from a car accident case. In the report, (Firm, 2015) Maiello was allegedly in an accident involving an LA Digital Post employee, as she was returning to work from a doctor’s appointment on her time allotted for lunch. As a result, Maiello proceeded with an investigation and filed a negligence claim against LA Digital Post, under the legal principle of the ‘respondeat superior’ doctrine. However, after trial proceedings the court granted LA Digital’s motion for judgment, “denying any responsibility for the employee‘s accident” (Firm 2015). If the employee was on her lunch break period and technically not on the clock this act was not within the scope of employment. Because LA Digital Post employee was not on a special errand for the employer but was using her personal vehicle on her personal time to take care of personal business which is not her employer’s responsibility and should not be deemed responsible.UNLAWFUL MISCONDUCT WITH A MINOR CASE Another case exercising the “respondeat superior doctrine” was conducted in California, known as CA vs. Williams Hart Union School District in California vs. Golden Valley High School, where “head guidance counselor, Roselyn Hubbell was accused of unlawful sexually-related conduct with a minor” (Blumenfeld, 2014). Hubbell (Blumenfeld 2014) spent countless days and hours with the minor both on and off school premises, in addition to driving the minor
You've reached the end of your free preview.
Want to read all 6 pages?
Tort Law, Respondeat Superior, Respondeat, respondeat superior doctrine, superior doctrine