Smith v. Harp

I reluctantly concur in the judgment reversing the trial court’s denial of the defendant’s motion for summary judgment on the basis of the facts of this case. I also agree that since the "defendant himself was not at home and had nothing to do with the incident,” there is "no reason or authority to hold him liable...” on the basis of defendant’s wife’s faulty instructions to the plaintiff. In this connection, one spouse cannot be vicariously liable for the other spouse’s conduct solely because of the marital relationship when there is no indication that at the time of the tortious conduct an…