In the aftermath of a vehicle collision, the impact reverberates beyond the immediate parties involved, leaving a trail of injuries and legal complexities. Such was the case for Cody Johnson, a passenger on an RTA bus when it collided with another vehicle. Seeking full compensation for her damages, she pursued a vicarious liability claim against the driver’s employer. However, the court’s assessment of the driver’s scope of employment would determine the outcome of her pursuit of justice.
At 6:00 am, one hour before he was scheduled to be on call, Mr. Molbert was summoned into work by his boss. Molbert worked for Anesthesia Consultants of the South, LLC, and that morning ACS needed Molbert to help perform an appendectomy. At 6:30 am, 15 minutes sooner than usual, Molbert collided with an RTA bus on the way to the hospital. Ms. Johnson, a passenger on the bus, sued Molbert, ACS, and RTA to recover damages for her injuries.
ACS filed for a directed verdict, arguing that Molbert was not within his scope of employment at the time of the accident. This kind of argument is typically referred to as a vicarious liability argument. The trial court granted the motion, finding that ACS was not liable as an employer because Molbert was commuting to work at the time of the accident. The trial court relied on the seven Mclin v. Industrial Specialty Contractors, Inc. factors to make this determination.