Employer Liable for Employee on Cell Phone Conducting Company Business
Yesterday, the Court of Appeals in Hunter v. Modern Continental, issued an important ruling for persons injured by employees who are commuting to and from work. Reversing the trial court’s grant of summary judgment, the Court of Appeals held that where there is evidence that the employee was on the cell phone for the employer’s business, the employer can be held liable.
With the new technology today, geography is becoming irrelevant as to when a person is working. This case does a lot to preserve the principle of vicarious liability of the company for an employees actions (respondeat superior).
In many cases, it makes a huge difference between the injured person receiving fair compensation for serious and permanent life altering injuries when he can recover from a company and not just an individual. Maintaining the integrity of vicarious liability will allow victims in Georgia a better chance at receiving a reasonable measure of justice.
