Supreme Court of Kentucky
172 S.W.3d 361 (2005)
Tommie Lee Paterson (plaintiff) agreed to trade in his Chevy Camaro to Courtesy Autoplex (defendant) in exchange for a new GMC Jimmy. Patterson misrepresented to Courtesy the amount that he owed on the Camaro. When Courtesy discovered the extent of the debt, it unsuccessfully attempted to have the Jimmy repossessed. Resorting to self-help, two Courtesy employees, including Thomas Blair (defendant), tracked down Patterson driving the Jimmy. When Patterson stopped at a stoplight, Blair went up to the Jimmy and told him to get out. When Patterson refused, Blair took out a gun and shot out the tires of the Jimmy. Courtesy eventually recovered the Jimmy. Patterson brought suit against Blair and Courtesy, seeking to hold Courtesy vicariously liable for Blair’s reckless conduct. A jury awarded Patterson damages and found Courtesy to be vicariously liable. The court of appeals reversed, finding that Blair was not acting within the scope of his employment when he shot the tires. Patterson appealed.
Rule of Law
Holding and Reasoning (Roach, J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.
Here's why 221,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 14,100 briefs, keyed to 189 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.