Recently, a state appellate court rejected a plaintiff’s claim against a defendant employer after the plaintiff was injured in an accident caused by one of the defendant’s employees while the employee was on his way home from work. The case presents an interesting issue for New Mexico car accident victims who were injured in an accident that was caused by someone who was on-the-job at the time of the accident.
The plaintiff was walking along the sidewalk when he was struck by a car that had just been hit by an employee who was attempting to turn into the post office on his way home from work. The employee was employed by the county, and while he was not required to have his own car, the realities of his position made having a car a near-necessity. This was because he had to visit various locations across several cities, and because public transportation was not a particularly convenient option based on where he lived. The employee did, however, occasionally take public transportation, and testified that he would have taken it more if it was more convenient.
The plaintiff filed a personal injury lawsuit against the employee as well as the employer. The plaintiff’s argument was based on the theory of vicarious liability, under which an employer can normally be held liable for the negligent actions of an employee, if those actions are taken in the course of his employment.