Lynn v. Tatitlek Support Services, Inc.

The going-and-coming exception to respondeat superior absolved defendant from liability for injuries from car crash caused by employee who was offered free bus transportation to job site but elected to drive, and who was not on the clock during the car journey.  The Marines hired defendant to create realistic military exercises in the high desert…

Secci v. United Independent Taxi Drivers, Inc.

In determining whether the defendant exercised sufficient control to make the tortfeasor the defendant’s agent for purposes of respondeat superior, the jury may properly consider the degree of control which public regulations require the defendant to exercise over the tortfeasor.  Whether a person acts as an independent contractor or as an agent for purposes of…

Markow v. Rosner

A hospital could not be held liable for a doctor’s malpractice on a respondeat superior theory when the hospital’s conditions of admission, which the patient signed many times in non-emergency situations, clearly disclosed that all doctors who treated patients at the hospital acted as independent contractors.  A hospital could not be held liable for a…