Kelly v. Avon Tape, Inc.

At issue is whether an employer that knows or should know that an employee became intoxicated while working should be held liable for permitting the intoxicated *588employee to drive home. The plaintiffs, Carole Kelly and Roger Galvin, claim that they were injured by Juan Rodriguez, an employee of Avon Tape, Inc. (defendant), while he was driving home on a public highway. The plaintiffs claim that the defendant is liable to them for the damages resulting from the accident under the doctrines of host liability and respondeat superior. The Superior Court judge allowed the defendant’s motion for…