Legal Opinion

James v. Kelly Trucking Co.

Supreme Court of South Carolina

Decided March 10, 2008No. 26447PublishedCited by 70 opinions

1Opinion of the Court

Chief Justice TOAL:

We accepted two certified questions from the United States District Court arising out of the situation in which a plaintiff, as a result of allegedly tortious actions by an employee, asserts causes of action for vicarious liability and negligent hiring, training, supervision, or entrustment against an employer. The first question asks whether a plaintiff in South Carolina is precluded, as a general matter, from maintaining a cause of action for negligent hiring, training, supervision, or entrustment after an employer stipulates that it is vicariously liable for its…

2Cases cited4 opinions

  1. Di Cosala v. KaySupreme Court of New Jersey · 1982
  2. McHaffie Ex Rel. McHaffie v. BunchSupreme Court of Missouri · 1995
  3. Degenhart v. Knights of ColumbusSupreme Court of South Carolina · 1992
  4. Sams v. ArthurSupreme Court of South Carolina · 1926

3Cited by70 opinions

  1. Graves v. North Eastern Services, Inc.Utah Supreme Court · 2015
  2. MV Transportation, Inc. v. AllgeierKentucky Supreme Court · 2014
  3. Callum v. CVS Health Corp.District Court, D. South Carolina · 2015
  4. Williams ex rel. Estate of Williams v. Preiss-Wal Pat III, LLCDistrict Court, D. South Carolina · 2014
  5. Ferrer v. OkbamicaelSupreme Court of Colorado · 2017

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