A delivery truck driver who worked for the Evening Star in Washington, DC., was

Question

A delivery truck driver who worked for the Evening Star in Washington, DC., was on his route when he was commanded by a police officer to follow a traffic violator to apprehend him. The police officer then jumped onto the side of the truck and held on for the duration of the chase. During the high speed pursuit, Balinovic was injured when the truck collided with his car. Balinovic wanted to sue both the driver and the Evening Star under the theory of vicarious liability. Would vicarious liability apply here? Was the driver a servant of the Evening Star? Was the driver operating with the scope of employment?

Explanation / Answer

Here is the case at a glance

A delivery truck driver who worked for the Evening Star in Washington, DC., was on his route when he was commanded by a police officer to follow a traffic violator to apprehend him. The police officer then jumped onto the side of the truck and held on for the duration of the chase. During the high speed pursuit, Balinovic was injured when the truck collided with his car. Balinovic wanted to sue both the driver and the Evening Star under the theory of vicarious liability.

Analysis: Scope of an employment of driver of newspaper delivery vehicle driver does not permit him or her to chase a criminal. Here, a common man reacted to the call of an officer to help in law enforcement, consequently that subject turned into a civil worker. The driver was never again subject to the control of the Evening Star, however just to the cop.

Last Thoughts: Vicarious liability depends on the standard of respondent prevalent (let the predominant react). Vicarious liability would not matter for this situation. Judgment would be supportive of the defendant.

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