When a worker acting in the course and scope of employment is negligent and causes injuries or death to another person, there are two ways the employer could be held liable:
- Vicarious liability, through the legal doctrine of respondeat superior; or
- Direct liability (i.e., negligent training, negligent hiring, negligent supervision, etc.).
Recently, the Indiana Supreme Court ruled that plaintiffs in these cases may move forward with one of the two legal theories – but not both.
This Indiana car accident case, according to court records, involves the alleged negligence of a pizza delivery driver that resulted in a fatal crash that killed a man on a scooter.
It occurred in August 2012 while the defendant driver, while working for a franchise of a national pizza chain, was operating her own vehicle when she struck the back of a scooter operated by the decedent. The rider was tossed off the scooter and onto the road, where he was run over by another motorist. His injuries proved fatal. Continue reading