Earlier this month, the Indiana Supreme Court issued a written opinion in an Indiana car accident case involving a plaintiff’s claim that the employer of a delivery driver was responsible for injuries caused by the delivery driver. The plaintiff made several claims, including one under the doctrine of respondeat superior as well as another claim alleging negligent hiring. Ultimately, the court concluded that since the employer admitted that the employee was acting within the scope of her employment at the time of the accident, the employer only can be held liable under the theory of respondeat superior.
In August 2012, a delivery driver for a pizza restaurant was making a delivery when she rear-ended the plaintiff, who was riding a motorized scooter. The plaintiff was thrown from the scooter onto the road, where he was struck by another motorist. The plaintiff was killed in the accident.
The plaintiff’s estate filed a wrongful death case against all three parties: the delivery driver, the pizza restaurant, and the driver who struck the plaintiff once she fell from the scooter. This opinion only involves the plaintiff’s claims against the pizza restaurant.