Allan v. Graf

The question in this case is whether an employer can be held vicariously liable for an employee’s negligence in mishandling the car keys to his own car, thereby allowing a thief to steal the car and injure a third party. We hold that the employer cannot be held vicariously liable and affirm the final summary judgment entered by the circuit court.

Phillip Allan was struck by a car owned by Kenneth Graf. At the time of the collision, the car had been stolen and was being driven by the thief. Among others, Allan sued Graf and Grafs employer, ap-pellee USA Parking System, Inc. The complaint…