Rogers v. J B Hunt Transport, Inc

In this wrongful death action, we address whether a default entered against an employee that conclusively determined the employee’s negligence for the purpose of the employee’s personal liability is also a proper foundation for an order holding *648his employer vicariously liable. The Court of Appeals held that it was, thereby extending the effect of the default to the employer and precluding the employer from contesting its vicarious liability. We reverse the decision of the Court of Appeals and remand to the circuit court.

I

This action arises from an automobile accident that occurred in the…