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respondeat superior

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beaumayo

Junior Member
What is the name of your state?What is the name of your state?What is the name of your state?
Virginia

This question is for my nephew. He was working for a small business which makes barbecue and sells wood sheds and yard toys. While driving a company golf cart, he hit a parked truck and caused about $800 in damage to it and some minimal damage to the cart. He has since left this company on bad terms. The owner is now taking him to court for $1200. My question is; Does respondeat superior (let the master answer) apply here, and does the fact that he wasn't properly trained on this golf cart and he was never given an employee manual stating an employees responsibility for damages on the job a reasonable defense. How should he proceed with his defense.
 


JETX

Senior Member
beaumayo said:
My question is; Does respondeat superior (let the master answer) apply here
No. Depending on the FULL facts, it likely applied in the original claim by the damaged party against your nephews employer (as 'respondeat superior'), but will not apply as your nephews liability, if any, to HIS employer.

How should he proceed with his defense.
Depends on the EXACT facts of the accident. If he was negligent, he is liable.
 

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