Barrett v. Jones, Funderburg, Sessums, Peterson & Lee, LLC

¶46. I agree with the majority inasmuch as “the trial court possessed the discretion to sanction SKG, but only upon a finding that Richard Scruggs’s misconduct was within the ordinary course of business of SKG.” (Maj. Op. at ¶33). However, as to issue two, concerning whether Scruggs was acting in the ordinary course of business, I must disagree with the majority’s conclusion that Scruggs was not acting in furtherance of SKG.

¶ 47. Vicarious liability falls under the auspices of Section 79-13-305(a), which states:

A partnership is liable for loss or injury caused to a person, or for a penalty…