The court recently affirmed an appeals court case that decided that an employer cannot be held liable for injuries to a third party caused by its employee’s negligence in the operation of his motor vehicle. The employee had been out at a restaurant consuming alcohol with his company’s supervisor for the purpose of discussing company business. After the employee left the restaurant, he was no longer on company business and was on his way home when the accident happened.
The court purposefully ruled that after the meeting had ended at the restaurant, the employer had ceased to be responsible even though the consumption of alcohol by the employee was sanctioned by his supervisor with whom he had the company meeting. It seems that one of the important factors that the court took into consideration was that the employee bought and paid for his own liquor and presumably was responsible for his own intake of alcohol. The court also spent time analyzing the going and coming rule which in most cases with the exception of police officers and those who work from their homes, are not working when they travel to and from their work place. A tough case nonetheless.
Ianello & Brittain P.C. located in Western Massachusetts, with offices in Springfield, represent you in personal injury and criminal cases.
