Does Employer’s Admission of Vicarious Liability for Actions of Employee Insulate the Employer from Other Causes of Action?
The Tennessee Court of Appeals recently dealt with an issue that has not been previously discussed by Tennessee Appellate courts in Melanie Jones, Individually and on behalf of Matthew H. V. Shavonna Rachelle Windham, et al., No. W2015-00973-COA-R10-CV, 2016 WL 943722 (Tenn. Ct. App. 2016). The question deal with the situation where an employer and employee are both sued due to the actions of the employee in causing an automobile accident (while working for the employer). The employer, in the Answer to Complaint, admitted they were vicariously liable for the actions of the employee. The question, therefore, was whether the plaintiff could still proceed with other claims against the employer including negligent hiring, negligent retention and negligence per se for their own independent negligent actions when they had already admitted vicarious liability for the actual accident.
For some reason, the plaintiff wanted to pursue various individual cause of actions directly against the employer in this case.
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