In the case of King v. Emergency Med. Transport, Inc., 2022-Ohio-123, the Fifth District Court of Appeals held that the trial court erred in granting summary judgment in favor of the defendant medical transport company (“Company”) in a vicarious liability negligence action.
Here, the plaintiff alleged that the company was vicariously liable for the acts of its employees who negligently activated an ambulance horn in close proximity to the plaintiff, causing plaintiff hearing loss. The trial court granted summary judgment in favor of the company.
The Court of Appeals reasoned that although the employees were on a personal errand at McDonald’s at the time of the incident, a genuine issue of material fact remained regarding the employees’ scope of employment during a 24-hour shift with the Company. As such, the Court found that summary judgment was not proper.
To read this case, click here.
Authors: Matthew John Markling and the McGown & Markling Team.
Note: This blog entry does not constitute – nor does it contain – legal advice. Legal jurisprudence is like the always-changing Midwestern weather. As a result, this single blog entry cannot substitute for consultation with a McGown & Markling attorney. If legal advice is needed with respect to a specific factual situation, please feel free to contact a McGown & Markling attorney.