Legal Opinion
Johnson v. Daily News, Inc.
New York Court of Appeals
Decided May 8, 1974PublishedCited by 24 opinions
1Opinion of the CourtGabrielli, J.
May an employer be cast in liability for the tortious act of an employee committed while driving his automobile for personal reasons, who essentially is on a constant “ on-call ” duty status and who, at times unrelated to the occurrence at issue, might use his automobile in connection with his work? We think the question should be answered in the negative.
Richard Oliver, Jr. was employed as a reporter for the Daily News and in the early morning hours of Saturday, December 20, 1969, while driving his own automobile on the second day of his regularly scheduled two days off from work, he was…
2Cases cited3 opinions
- Sauter v. New York Tribune, Inc.New York Court of Appeals · 1953
- Garvey v. A. O. Feidelson, Inc.Appellate Division of the Supreme Court of the State of New York · 1948
- Garvey v. A. O. Feidelson, Inc.New York Court of Appeals · 1949
3Cited by24 opinions
- D'Amico v. ChristieNew York Court of Appeals · 1987
- Stavitz v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1984
- Dilworth v. GoldbergDistrict Court, S.D. New York · 2012
- Rausman v. BaughAppellate Division of the Supreme Court of the State of New York · 1998
- Wayman v. Accor North America, Inc.Court of Appeals of Kansas · 2011
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