Re: Employee Car Accidents And Employer Liability
I'm not sure about NY law, but I think what you're going for is called "vicarious liability" here in WA. I've seen this doctrine applied in cases where an employee gets drunk at a company function, say, and gets into an accident on the way home. The doctrine holds that the employer IS vicariously liable for such accidents when, "The employee's presence at the function was within the scope of his employment if the function was intended to further the employer's interest and the employee's attendance was requested or expressly or impliedly required by the employer."
Now, does this doctrine apply in your situation -- I don't know. Perhaps one of the attorneys who frequent these forums can offer an opinion.
Where am I going? And why am I in this handbasket?