Articles Posted in Third-Party Liability

Earlier this month, an appellate court in West Virginia issued a written opinion in a case brought by the surviving family members of a woman who was killed in a car accident. In the case, Department of Transportation v. King, the court held that the DMV was entitled to governmental immunity, reversing a lower court.

License PlatesThe Facts of the Case

The plaintiff was a man who lost his mother in a fatal car accident. The driver who struck and killed his mother had previously had her license suspended but had it reinstated two years later. The Department of Motor Vehicles (DMV) was responsible for reinstating the woman’s license.

The plaintiff filed a personal injury lawsuit against both the driver of the vehicle as well as the DMV. He claimed that the DMV violated a non-discretionary duty to refer the woman’s application to reinstate her license to a medical board to review if the woman was medically fit to have her license reinstated.

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In a recent case in front of the Fourth Circuit Court of Appeals, the court refused to hold an employer liable for an employee’s criminal actions that took place while the employee was off duty. This was the court’s refusal to expand the Maryland state-law doctrine of “respondeat superior.”

great-fire-802961-mThe Facts of the Case

Several years ago, approximately 30 homes were allegedly set on fire by an employee of the Social Security Administration. The homeowners grouped together and decided to sue the Social Security Administration for their losses, arguing that the Administration, as the employer of the person who allegedly committed the acts, was at least in part liable for their losses. Since the named defendant was a federal entity, the case was filed in federal court.

The evidence submitted suggested that all the criminal acts took place while the employee was off duty. However, there was some suggestion that some of the planning for the crimes took place while the man was at work for the Social Security Administration.

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