Depew v. Crocodile Enterprises, Inc.

Opinion

MASTERSON, J.

While driving home from work, one of defendant’s employees fell asleep and rear-ended another vehicle, killing its driver. The heirs of the deceased driver brought this action against the employer, alleging that it had acted negligently by subjecting the employee to excessive work hours and then allowing him to drive home in a state of exhaustion. The trial court granted summary judgment for the employer. We affirm on the ground that the employer’s conduct did not proximately cause the accident.

Background

In May 1994, Jeffery Stivers worked as a general manager at the…