Respondeat Superior

Respondeat Superior Issue in Automobile Accident

18-LA-000406 (Illinois, McHenry County)

In a car accident in McHenry accident, plaintiff was rear-ended and sustained damages valued at about $60,000. The driver of the car that rear ended plaintiff gave plaintiff a business card to contact him that listed his employer, a local maintenance company. Plaintiff then sued the maintenance company under a Respondeat Superior theory. Andrew Smith, representing the maintenance company, filed a motion for summary judgment showing that even though the driver was an employee of the company, he was not working for the company at the time of the accident. The court agreed and granted the motion, dismissing the maintenance company.