Company Not Liable for Actions of Drug-Induced Employee
by
Joseph C. Maya on May. 03, 2017
Accident & Injury Car Accident Accident & Injury Property Damage Accident & Injury Personal Injury
Summary: Blog post about a company's liability for an employee who caused significant damage while driving the company's truck under the influence of drugs.
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In a case where an employee truck driver caused a severe accident after driving under the influence of PCP, the court determined that the employer was not vicariously responsible for the employee, nor negligent in their supervision of him.
On November 16, 2010, the defendant, Christopher Simonelli, a part-time employee of the defendant Mailex Corporation, drove a truck in a drug induced haze through the guard fence of a neighboring business, then collided with several eastbound vehicles, including a school bus. Simonelli was hired by Mailex on April 27, 2919 as a part-time “driver/helper.” His primary responsibility was to make pickups of supplies and deliveries of finished products using the company’s box truck. Prior to the incident, Simonelli was seen with his shirt off and acting in a strange, bizarre manner. The witness subsequently told another employee to check on Simonelli. By the time the employee arrived, Simonelli and the Truck were gone. The accident occurred soon thereafter. The plaintiffs argued that Mailex was vicariously liable for the injuries caused by Simonelli, because he was on the clock and driving the company vehicle.
The court found that Mailex was not vicariously responsible for the specific action of Simonelli. Vicarious liability requires the employee to act within the scope of their employment. At the time of the accident, Simonelli had not been tasked with driving the truck. Moreover, the truck was empty at the time of the accident. Furthermore, the court found that Mailex had actually taken steps to try and prevent the accident from happening by dispatching two employees to pursue Simonelli’s unauthorized trip with the truck. Overall, the court found that the plaintiff’s did not meet their burden of proving that Mailex had some hand or responsibility in the specific actions taken by Simonelli.
At Maya Murphy, P.C., our personal injury attorneys are dedicated to achieving the best results for individuals and their family members and loved ones whose daily lives have been disrupted by injury, whether caused by a motor vehicle or pedestrian accident, a slip and fall, medical malpractice, a defective product, or otherwise. Our attorneys are not afraid to aggressively pursue and litigate cases and have extensive experience litigating personal injury matters in both state and federal courts, and always with regard to the unique circumstances of our client and the injury he or she has sustained.
Source: Arocho v. Simonelli, 2015 Conn. Super. LEXIS 1635 (Conn. Super 2015)
