Bauer v. Markovich

OPINION

SHORT, Judge.

This wrongful death case involves the question of whether an employer is vicariously liable for an automobile accident caused when an employee lost control of his automobile due to his injection of cocaine. A jury found the driver was not acting within the scope and course of his employment at the time of the accident, and the trial court denied all post-trial motions. On appeal, the estate of the victim argues the trial court erred in instructing the jury on the employee’s deviation from the scope of employment. We disagree and affirm.

FACTS

Thomas Markovich (driver) was…