My boss is the owner of a pizza store. About 2 years ago one of our delivery drivers hit another car while out on a delivery. This driver still works for us. He was insured at the time and still is but by a different company. The people are suing him and/or my bosses company and my boss. All of our drivers are responsible for their own insurance/coverage, etc., we have nothing to do any coverage and never had. But they served my boss at our workplace even though they are also suing our driver too. Why is my boss even involved? and how do we go about getting his name out of it? because we cant do anything. The driver was responsible and has to work it out with the insurance companies. My boss is very stressed about this, as this is a case for 500,00 I believe. I called the other persons attorney and she was very rude and said she couldnt tell me anything and that we had to file some sort of a response? but we honestly have no clue where to go from here. Please, any advice would be so helpful.
1 Answer from Attorneys
The legal doctrine at issue here is known as Respondeat Superior which
in Latin roughly translates as 'Let the master answer", and which under
certain circumstances can impose vicarious (substituted) liability on an employer for the actions of his or her employee. For this doctrine to apply to a particular accident or other event allegedly giving rise to this kind of liability, it must be shown that the accused person was in fact an employee and not an
independent contractor and that s/he was properly acting within the scope of
his or her employment at the time when this accident or other event occurred.