James Hankins and Samantha Mullis recently won summary judgment in a case involving an off-the-clock employee driving drunk causing an automobile collision. In Bartholomew Ikemna v. Dean Electric Company, Inc. and Shannon Fox, Mr. Ikemna filed suit against Dean Electric Company and one of its former employees asserting that Dean Electric Company was vicariously liable for Mr. Fox’s actions and guilty of negligent hiring, training, supervision, and entrustment.
After completing discovery, James and Samantha filed for summary judgment, arguing that Mr. Fox was not on the job at the time of the collision and was outside the scope of his employment by driving intoxicated. James and Samantha further argued that there was nothing in Mr. Fox’s driving or employment history that would show a pattern of reckless driving and that Dean Electric Company lacked actual knowledge of Mr. Fox’s incompetence to drive. In response, Mr. Ikemna argued that Mr. Fox was acting within the scope of his employment because he was allowed to retain the vehicle for the duration of the job assignment and that Dean Electric’s hiring procedures were unreasonable. Dean Electric pointed out that the collision occurred more than seven hours after Mr. Fox had clocked out for the day and that he was not furthering its business by driving while intoxicated.
Ultimately the Court found that Mr. Fox was outside the scope of his employment at the time of the collision and that Mr. Ikemna failed to show that Dean Electric knew or should have known of Mr. Fox’s tendencies to drive under the influence. You can read more on this case by clicking HERE.
