Cearlock v. Lambertson
When an employee injures a bystander while fleeing the police, is the employer liable for those injuries under the doctrine of respondeat superior? The answer in this case is no, because assuming an employment relationship can be established, the flight from the police was not an activity within the course and scope of that employment. We also reject a claim that assisting another in evading the police amounts to an ultrahazardous activity giving rise to strict liability. We affirm the trial court’s order granting nonsuit on claims by plaintiff and appellant Bruce Cearlock against defendants and respondents 1054 Kearny, LLC and Peter Lambertson.
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