TT&H Attorneys Scott McCarroll and Amanda Hennessey Win Summary Judgment in Dauphin County Automobile Liability Action

TT&H Attorneys Scott McCarroll and Amanda Hennessey recently won summary judgment in the Court of Common Pleas Dauphin County. On Christmas Eve, Plaintiff was in a motor vehicle accident with an allegedly intoxicated driver. Plaintiff brought suit against the driver, the driver’s employer, and the owner of the vehicle. Attorneys McCarroll and Hennessey represented the employer and the owner of the vehicle.

Plaintiff alleged that the driver was intoxicated at the time of the accident and that the employer and owner were vicariously liable because the driver was within the course and scope of his employment. Plaintiff further alleged that the vehicle had been negligently entrusted to the driver given his driving history.

Accepting McCarroll and Hennessey’s arguments, the Court agreed that there was no evidence tending to show that the driver’s actions were committed during the course and scope of his employment, despite Plaintiff’s argument that the driver was “on call.” The driver was not working on the date of the accident, and there was no evidence that he was “on call.”

In regards to the negligent entrustment claim, it was undisputed that the driver had been provided the vehicle in 2003. Despite a prior accident, the driver did not have any motor vehicle accidents, citations or other moving violations since 2002. Therefore, there was no evidence to support a finding that the employer or owner should have known that the driver was likely to use the vehicle in such a manner as to create an unreasonable risk of harm to others.

Questions about this case can be directed to Scott McCarroll at (717) 237-71731 or smccarroll@tthlaw.com or to Amanda Hennessey at (717) 237-7103 or ahennessey@tthlaw.com.