Negligence: Automobile Accident – Vicarious Liability – ‘Special Errand’

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Where plaintiff was injured in an auto accident caused by the defendant, who was the president and sole director of her company, while the defendant was driving from her home to her office in inclement weather, the facts showed that the defendant was on an irregular, non-routine trip necessitated solely by the company’s interest, so she met the “special errand” exception and was therefore acting in the course and scope of her employment, and her company could be held vicariously liable for the damages which the jury found to have been proximately caused by the defendant’s negligence, so judgment is reversed and remanded.

Judgment is reversed and remanded.

Tran v. Dave’s Electric Company, Inc. (MLW No. 62974/Case No. WD71183 – 12 pages) (Missouri Court of Appeals, Western District, Ahuja, J.) Appealed from circuit court, Cass County, Cook, J. (Edward D. Robertson Jr. and Mary D. Winter, Jefferson City, and Brendan C. Buckley and James T. Thompson, Kansas City, Missouri, for appellant) (William J. Foland Jr. and Cory L. Atkins, Kansas City, Missouri, for respondent).

Read the full text of this opinion. (PDF)