Kelly v. Trans Globe Travel Bureau, Inc.

I concur in the majority opinion’s conclusion that the trial court correctly denied plaintiff’s motion for directed verdict on the issue of vicarious liability which was predicated upon the theory that the Workers’ Compensation Appeals Board finding that Williams was within the scope of employment collaterally estopped the employer Trans Globe from relitigating that issue at the trial.

In addition to the policy reasons upon which the majority bases its conclusion as to this issue, the record reflects that the trial in the instant case commenced on October 8, 1974. However, Trans Globe filed a…