No Recovery against Premise Owner/Employer Where Employee Was Not in Course and Scope of Employment at the Time She Ran Over Customer with her Vehicle in Store Parking Lot
Akeisha Dorsey was employed by RaceTrac at its convenience store. On the day of the accident she left work for a doctor’s appointment and returned to the store several hours later. Ms. Powell was at the store to purchase a propane tank. She had parked in the handicapped zone in front of the store and was standing next to her vehicle as Ms. Dorsey drove into the parking lot. Ms. Dorsey’s vehicle was approaching from the opposite side from where Ms. Powell was standing and she did not see Ms. Powell until she turned into the parking space. By that time, Ms. Dorsey was unable to avoid striking Ms. Powell with her vehicle.
Ms. Powell filed suit against Ms. Dorsey, RaceTrac and various insurers. She claimed, among other things, that RaceTrac was vicariously liable as the store owner for the negligent acts of its employee, Ms. Dorsey. Ms. Powell also asserted that RaceTrac was liable for negligent training and supervision of its employee, and lastly, that there was a defect in the premises.
The court first considered Ms. Powell’s claim that RaceTrac was vicariously liable for the acts of its employee, Ms. Dorsey. The court noted that a central element of this claim is proof that an employee was acting in the course and scope of her employment at the time of the accident. The court further explained that in a case where an employee has a fixed place of work, the time spent traveling to and from work is almost never considered to be in the course and scope of employment. Here, it was undisputed that Ms. Dorsey left work to see a doctor and was returning to her job when the accident occurred and that her work duties did not encompass driving to and from work. Nor was Ms. Dorsey paid for the time she was off-site. And, Ms. Dorsey’s action of leaving work for the purpose of attending a personal appointment and returning to work following the appointment was not in furtherance of the employer’s business interests. Considering these factors, the court found that there were no facts in dispute which could lead to the imposition of vicarious liability on the part of RaceTrac and, therefore, dismissal in favor of RaceTrac as to Ms. Powell’s vicarious liability claim was proper.
For the same reasons, Ms. Powell’s claim against RaceTrac for negligent training and supervision of its employee was also dismissed, because RaceTrac had no duty to train its employee regarding an act which was outside of the course and scope of her employment.
Finally, with respect to the plaintiff’s premises liability claim, it was undisputed that there was no evidence or testimony that indicated that there were any defects in the parking area of the RaceTrac Store so those claims likewise were dismissed.
Take-Away: The mere fact that a person is injured by an employee of a premise’s owner on the premises does not necessarily support a finding of liability on the part of the premise’s owner. In a case where the employee caused the accident, but was not in the course and scope of her employment at the time, the employer premise owner will not be found liable for the employee’s negligent acts.