Grant is a delivery person for Watkins Furniture. One day, after delivering a chair to Nadine's house, he stopped at a fast food restaurant to get a sandwich at the drive-through window. As he was leaving the parking lot, he accidentally hit the rear of

Question

Blanche's car. Discuss the possible liability of Watkins for Grant's accident. Would there be any difference in the potential liability of Watkins if Grant had the accident after driving 30 miles away to visit a friend?

Answer 1

The major issue here is abandonment. Watkins is liable for the actions of its employee that occur while the employee is at work, but not for actions that occur after the employee has abandoned the principal's business. Here, the accident at the local restaurant would probably result in liability for Watkins because Grant would likely be considered to simply be on a detour from company business. If Grant had driven 30 miles away to visit a friend before having the accident, Watkins would probably not be liable. Grant would probably be considered to be "off on a frolic of his own" and therefore not acting within the scope of his employment at the time of the accident.