Question

Jeff is a medical delivery person who drives a company vehicle every day leaving Atlanta at 8 a.m. and makes deliveries in LaGrange and West Point, returning to Atlanta at 5 p.m. every day. After working four hours, Jeff gets hungry and stops at a West Point restaurant for lunch and causes a collision while in the drive thru line of the restaurant. Is Jeff liable to the person whose vehicle Jeff hit? Is Jeff’s employer liable to the person whose vehicle Jeff hit?

Answer 1

Under the condition of vicarious liability, the employer is liable for any act by the employee while he performs his duty. Since he had halted for a lunch break while still on duty, the employer can be held responsible since the act (whether negligient or purposeful) was performed within the scope of the employment. Moreover, the employee is merely the agent of the company and he has the duty to be protected or compensated by the employer while anything untoward happens when he delivers his/her duty.

Hence, Jeff's Employer is liable to the person whose vehicle has been hit.