Thomas v. Poole

CLARK, Judge.

We elect to consider initially whether the trial court erred in ruling that plaintiff had no claim against the defendant corporation upon the doctrine of respondeat superior.

Under the doctrine of respondeat superior the master, or employer, is liable for the negligent acts or omissions of his servant, or employee, while acting as such and within the “scope of his employment.” Jackson v. Mauney, 260 N.C. 388, 132 S.E. 2d 899 (1963); Rollison v. Hicks, 233 N.C. 99, 63 S.E. 2d 190 (1951); Gillis v. A & P Tea Co., 223 N.C. 470, 27 S.E. 2d 283 (1943); 57 C.J.S. Master and Servant §…