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Carter v. Reynolds

New Jersey Supreme Court
815 A.2d 460 (2003)

Written by Sharon Feldman, JD

Facts

Alice Reynolds was employed by Stevens, Fluhr, Chismar, Alvino & Schechter, CPA (the firm) (defendants). Reynolds worked in the firm’s office and visited clients. Reynolds used her own car for travel and was reimbursed for mileage. One afternoon, Reynolds was traveling from a client location to her home when her car struck David Carter (plaintiff). Carter sued Reynolds for negligence and later added the firm as a defendant, alleging that Reynolds was in the scope of her employment when the accident occurred. The court granted the firm’s summary-judgment motion. Carter moved for reconsideration. The court found that Reynolds was acting within the scope of employment and granted partial summary judgment to Carter based on respondeat-superior liability. The appellate division affirmed. The firm was granted leave to appeal to the state supreme court.

Rule of Law

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Issue

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Holding and Reasoning (Long, J.)

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Summary JudgmentA final ruling that there is no genuine issue of material fact in dispute and that the moving party is entitled to judgment as a matter of law. Summary judgment may also be called summary disposition.
Respondeat SuperiorLatin for “let the superior answer,” the doctrine that an employer is responsible for an employee’s wrongful acts committed within the scope of employment. Respondeat superior also applies to corporate criminal prosecutions.
NegligenceConduct that falls below the expected standard of care that a reasonably prudent person would have exercised under like circumstances.
Vicarious LiabilitySecondary liability imposed upon a supervisor or other controlling party for the acts done by a subordinate because of the relationship between the principal and the agent.
Going-and-Coming RuleA general rule stating that workers’ compensation does not ordinarily compensate injuries sustained while the employee travels to or from work and that an employer is not liable for the tortious acts of its employee while the employee travels to or from work. An exception to this rule may exist for work done from home if an employee is injured while working at home and the circumstances of the employment—and not mere convenience to the employee—make the home a second jobsite.
Scope of EmploymentAny act or course of conduct that is reasonably necessary to the performance of the employee’s job or the furtherance of the employer’s business.
Dual-Purpose RuleA rule of agency that imposes liability on an employer for the conduct of its employee that personally benefits the employee while acting within the scope of employment, if the employee combines personal business with the business of the employer.
Required-Vehicle ExceptionAn exception to the going-and-coming rule stating that if an employer requires an employee to drive his personal vehicle to and from the workplace so that the vehicle may be used for work-related tasks, the drive to and from work is within the scope of employment, and the employer may be held liable for tortious conduct of the employee that occurs during the commute.