Brosamle v. Mapco Gas Products, Inc.

NEUMAN, Justice.

The sole question posed by this appeal is whether voluntary dismissal of a lawsuit against a defendant employee “with prejudice” exonerates a defendant employer who may be liable on the same claim under a theory of respondeat superior. The district court concluded that such a dismissal did not operate to release the employer from liability, and denied defense motions for directed verdict premised on that ground. We affirm.

I. The facts giving rise to this controversy are not disputed. Plaintiffs Rodney and Marllys Brosamle (Brosamles) sued Mapco Gas Products, Inc., and its…