Steven G. Leventhal Wins Motion for Summary Judgment in Montgomery County, PA
Congratulations to Steven G. Leventhal
, Partner in the Firm’s Litigation Department and member of our Philadelphia Office, for getting his client dismissed with prejudice on the eve of trial in Montgomery County arising out of a serious bicycle accident which occurred back in May of 2016.
The case involved the permissive use of a company vehicle on loan to an employee of the company, which also employed the son of that same employee who resided in the same household.
Out of mere convenience, the son borrowed the company car from his father so he would have a conveyance home after dropping his own personal use vehicle at the shop for repairs on his day off.
The son was sitting at a light on the way home after running a personal errand when he allegedly waved on a pedestrian riding a bike across the street after the light had turned red. The bike was violently struck by another car in the same intersection causing severe injuries to the minor pedestrian.
In an effort to seek out a deep pocket, plaintiff’s lawyer joined the employer claiming that it should be held “vicariously” liable for the negligent actions of its employee. As the law of “Respondeat Superior” (Latin for “Let the Master Answer") requires that the employee be in the course and scope of employment for the employer to be found liable for the alleged negligence of the employee, the Court quickly disposed of the motion in the employer’s favor.