Ferrell v. Martin

WIEAND, Judge:

This appeal presents an issue which is novel and unique. We are asked to determine whether a babysitter exceeds the scope of her employment when she removes the children from their home, puts them in her own vehicle, and takes them to the home of her parents and later to a service station, where her vehicle strikes and injures the attendant. A jury found that the babysitter was acting within the scope of her employment and pursuant to principles of respondeat superior imposed liability upon the absent parent-employer for the service station employee’s injuries. A motion for…