Arsand v. City of Franklin

The City of Franklin (City) appeals from a $25,697.85 judgment entered against the City and in favor of Lois M. Arsand, surviving spouse of Marvin D. Arsand and personal representative of his estate (hereinafter referred to as the Estate). The judgment was entered upon a jury’s special verdict finding that John Karsten, the pilot whose negligent physical con duct caused the crash in which Arsand was killed, had been acting as the City’s “agent” at the time of the crash. Under the instructions given the jury, a finding of “agency” is not sufficient to establish the City’s vicarious liability…