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Dwayne B.
Dwayne B., Attorney
Category: Legal
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Experience:  Began practicing law in 1992
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Say a CMA, employed by a term care facility, is asked to run

Customer Question

Say a CMA, employed by a long term care facility, is asked to run an errand to a medical supply facility. On his way, the CMA detours to his sports club for a visit with his trainer. Leaving the sports club, the CMA hits a pedestrian with his car and seriously injures her, putting her in the hospital. Under the law of agency, or under Respondeat Superior, is the CMA's employer liable if the injured party sues?
Submitted: 1 year ago.
Category: Legal
Expert:  Dwayne B. replied 1 year ago.

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Usually not. A side trip to handle personal business would usually mean that the employer-employee relationship and respondeat superior isn't in effect. However, that isn't guaranteed since a court could rule that the "side trip" is "de minimis". Since the person was hit leaving the club I don't think that's likely but it will certainly be argued and it is certainly possible that the judge could rule that the employer shouldn't be responsible.

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Of course, please feel free to ask any follow up questions in this thread. I want to be sure that all of your questions are answered. In addition, once you issue your Positive Rating the question will lock open and no longer time out so you can come back to it anytime in the future if you think of any follow ups.