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O'Toole v. Carr

Superior Court of New Jersey, Appellate Division
786 A.2d 121 (N.J. Super Ct. App. Div. 2001)


Facts

Paul Carr (defendant) was a partner at a law firm and also worked as a part-time municipal judge. Carr drove a leased vehicle, which he paid for using a corporate account. The vehicle was leased in Carr’s name, however, and not in the name of his firm. On his way to his job at the municipal court, Carr negligently struck another vehicle driven by the O’Tooles. The O’Tooles sued Carr personally for their injuries. Additionally, they sued Carr’s law firm, alleging that the firm was vicariously liable for Carr’s negligence. Both the O’Tooles and Carr moved for summary judgment. The trial court granted the O’Tooles’ motion, holding that Carr’s law firm was vicariously liable for Carr’s negligence as a matter of law. Carr appealed.

Rule of Law

Issue

Holding and Reasoning (Conley, J.)

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