From: Jennifer L. Beverly
To: Astrid Fiano, Esq.
Re: John Stokely and AAA Auto Dealers
Date: December 19, 2011
Question Presented
Is AAA Auto Dealers liable for John’s negligence?
Brief Answer
AAA Auto Dealers is liable for Mr. Stokely’s negligence committed within the scope of employment. Mr. Stokely’s actions fall within the scope of employment because driving to the manufacturing facility was business related. Mr. Stokely’s boss accompanied him to the manufacturing facility.
Facts
John Stokely is a sales executive for AAA Auto Dealers, a local automobile dealership. He often drives to the manufacturing facility, which is 150 miles from the dealership, to check on new orders. John’s employer reimburses him for gasoline, food, and lodging, and provides John with a dealer car to drive. While driving to the manufacturing plant, John decided to stop by his cousin’s house for dinner. His boss accompanied him on the visit “to get a decent meal for a change.” While on the way there, John collided with and injured a motorcyclist.
Discussion
In the case of Largey v. Intrastate Radiotelephone, Inc a motorcycle driver was severely injured by an individual driver who the courts found to be an employee of the appellant. The court found that the driver was negligent in causing the accident, and that the appellant was vicariously liable for negligent conduct because the driver was on his way to the appellant’s supply company. The jury concluded that the automobile driver who was responsible for the accident was the appellant’s employee and that an exception to the going and coming rule applied.
