Madsen v. Scott

OPINION

PICKARD, Judge.

{1} This case requires us to consider under what circumstances a housesitting arrangement will create an employer-employee relationship such that a homeowner may be held vicariously liable for the negligent acts of the housesitter. As a related issue, we consider whether an employee’s failure to act can be an omission occurring within the scope of employment.

{2} Plaintiffs brought suit seeking damages for the injury and wrongful death of their son, Jason Madsen, as the result of a shooting at Shawn Scott’s home. The trial court entered summary judgment on Scott’s motion,…