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27 Kentucky opinions name it 3 courts 1928–2025 5 in the last five years
The cases below were cited by Kentucky courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Patterson v. Blairgreen2 sentences2025“Vicarious liability, sometimes referred to as the doctrine of respondeat superior, is not predicated upon a tortious act of the employer but upon the imputation to the employer of a tortious act of the employee[.]” Patterson v. Blair, 172 S.W.3d 361, 369 (Ky. 2005) (citation omitted). 2024Patterson v. Blair, 172 S.W.3d 361, 363 (Ky. 2005). | 3 | 3 |
Johnson v. Brewergreen2 sentences2002Vicarious liability, sometimes referred to as the doctrine of respondeat superior, is not predicated upon a tortious act of the employer but upon the imputation to the employer of a tortious act of the employee "by considerations of public policy and the necessity for holding a responsible person liable for the acts done by others in the prosecution of his business, as well as for placing on employers an incentive to hire only careful employees." Johnson v. Brewer, 266 Ky. 314 , 98 S.W.2d 889, 891 (1936). 2002Vicarious liability, sometimes referred to as the doctrine of respondeat superior, is not predicated upon a tortious act of the employer but upon the imputation to the employer of a tortious act of the employee "by considerations of public policy and the necessity for holding a responsible person liable for the acts done by others in the prosecution of his business, as well as for placing on employers an incentive to hire only careful employees." Johnson v. Brewer, 266 Ky. 314 , 98 S.W.2d 889, 891 (1936). | 2 | 2 |
Disabled American Veterans, Department of Kentucky, Inc. v. Crabbgreen2 sentences2024Disabled American Veterans, Dep’t of Kentucky, Inc. v. Crabb, 182 S.W.3d 541, 555 (Ky. App. 2005) (internal quotation marks and footnote omitted). “[A]n employer’s liability is limited only to those employee actions committed in the scope of employment.” Patterson v. Blair, 172 S.W.3d 361, 366 (Ky. 2005). 2024Veterans, Dep’t of Kentucky, Inc. v. Crabb, 182 S.W.3d 541, 555 (Ky. App. 2005) (quoting American General Life & Accident Insurance Co. v. Hall, 74 S.W.3d 688, 692 (Ky. 2002) and Johnson v. Brewer, 266 Ky. 314 , 98 S.W.2d 889, 891 (1936)). | 2 | 2 |
Kiser v. Neumann Company Contractors, Inc.green1 sentence2025However, “[i]n circumstances under which the liability of the employer is purely derivative, he cannot be held liable while the employee at the same time is found not.” Kiser v. Neumann Co. Contractors, Inc., 426 S.W.2d 935, 937 (Ky. 1967). | 1 | 1 |
American General Life & Accident Insurance Co. v. Hallgreen1 sentence2024Veterans, Dep’t of Kentucky, Inc. v. Crabb, 182 S.W.3d 541, 555 (Ky. App. 2005) (quoting American General Life & Accident Insurance Co. v. Hall, 74 S.W.3d 688, 692 (Ky. 2002) and Johnson v. Brewer, 266 Ky. 314 , 98 S.W.2d 889, 891 (1936)). | 1 | 1 |
Taylor v. Jewish Hospital & St. Mary's Healthcare, Inc.green1 sentence2021Mary’s Healthcare, Inc., 26 F. Supp. 3d 642, 648 (W.D. | 1 | 1 |
Saint Joseph Healthcare, Inc. v. Thomasgreen1 sentence2021In 2016, the Supreme Court said, “Under the common law doctrine of respondeat superior, ‘a principal is vicariously liable for damages caused by torts of . . . an agent or subagent, other than an independent contractor, acting on behalf of and pursuant to the authority of the principal.’” Saint Joseph Healthcare, Inc. v. Thomas, 487 S.W.3d 864, 876 (Ky. 2016) (Supreme Court’s emphasis) (quoting Taylor v. Jewish Hosp. & St. | 1 | 1 |
Horne v. Hallgreen1 sentence2017“The test as to the liability of the master is whether the servant was guilty of negligence in the doing of his master’s work and whether the master had the right or power to control the servant in the performance of the act which caused the injury.” Horne v. Hall, 246 S.W.2d 441, 443 (Ky. 1951). | 1 | 1 |
Smith ex rel. Smith v. Smithgreen2 sentences2008The rule of respondeat superior embodies the theory that where one acts through the agency of another, in legal contemplation, he is himself acting and thus is responsible for acts of his agent. "[W]hen an agent fails in any duty which he owes to a third party or the public generally, the principal is responsible for the failure." Smith v. Smith, 333 S.W.2d 503, 504 (Ky.1960). 2008The rule of respondeat superior embodies the theory that where one acts through the agency of another, in legal contemplation, he is himself acting and thus is responsible for acts of his agent. "[When an agent fails in any duty which he owes to a third party or the public generally, the principal is responsible for the failure." Smith v. Smith, 333 S.W.2d 503, 504 (Ky.1960). | 1 | 1 |
State Ex Rel. City Motor Co. v. District Court of the Eighth Judicial District Ex Rel. County of Cascadegreen1 sentence2007Id. at 489. | 1 | 1 |
Sharp v. Faulknergreen2 sentences2007As was noted in Sharp v. Faulkner, 292 Ky. 179 , 166 S.W.2d 62, 63 (1942), the respondeat superior doctrine has no application when an employee engages on a “personal and private trip” which has “no connection with his masters’ business.” In Weldon v. Federal Chemical Company, 378 S.W.2d 633 (Ky.1964), the sales manager of the defendant company was on his way to pick up his son at a party when he had to abandon a company vehicle on the road due to a frozen carburetor. 2007As was noted in Sharp v. Faulkner, 292 Ky. 179 , 166 S.W.2d 62, 63 (1942), the respondeat superior doctrine has no application when an employee engages on a “personal and private trip” which has “no connection with his masters’ business.” In Weldon v. Federal Chemical Company, 378 S.W.2d 633 (Ky.1964), the sales manager of the defendant company was on his way to pick up his son at a party when he had to abandon a company vehicle on the road due to a frozen carburetor. | 1 | 1 |
Central Truckaway System, Inc. v. Mooregreen1 sentence1998In affirming the verdict in favor of the plaintiff, the Court held (1) that Derrett was acting in the scope of his employment, and (2) that Central Truckaway was not entitled to the defense that it used ordinary care in hiring Derrett, as such it “is not a defense where liability to a third person is predicated upon negligence of a servant under the doctrine of respondeat superior.” Id. at 728. | 1 | 1 |
Bowen v. Gradison Construction Companygreen2 sentences1953See Bowen v. Gradison Construction Company, 236 Ky. 270 , 32 S.W.2d 1014 . 1953See Bowen v. Gradison Construction Company, 236 Ky. 270 , 32 S.W.2d 1014 . | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Kentucky. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Brady v. B. and B. Ice Company
green
2 sentences1953Ice Co., 242 Ky. 138 , 45 S.W.2d 1051, 1053 , the Court said: "If an owner lends his automobile to another under circumstances that do not warrant the application of the doctrine of respondeat superior, any liability attaching to him does so by reason of his own negligence in knowingly permitting the use of it in such a way as would probably cause injury to others. 1953Ice Co., 242 Ky. 138 , 45 S.W.2d 1051, 1053 , the Court said: "If an owner lends his automobile to another under circumstances that do not warrant the application of the doctrine of respondeat superior, any liability attaching to him does so by reason of his own negligence in knowingly permitting the use of it in such a way as would probably cause injury to others. | 2 | 1934–1953 |
Keck's Administrator v. Louisville Gas & Electric Co.
neutral
2 sentences1934Keck’s Adm’r v. Louisville Gas & Electric Co., 179 Ky. 314 , 200 S. W. 452 , L. 1934Keck’s Adm’r v. Louisville Gas & Electric Co., 179 Ky. 314 , 200 S. W. 452 , L. | 2 | 1931–1934 |
Weldon v. Federal Chemical Co.
green
1 sentence2007As was noted in Sharp v. Faulkner, 292 Ky. 179 , 166 S.W.2d 62, 63 (1942), the respondeat superior doctrine has no application when an employee engages on a “personal and private trip” which has “no connection with his masters’ business.” In Weldon v. Federal Chemical Company, 378 S.W.2d 633 (Ky.1964), the sales manager of the defendant company was on his way to pick up his son at a party when he had to abandon a company vehicle on the road due to a frozen carburetor. | 1 | 2007–2007 |
Smith's Adm'r v. Corder
neutral
1 sentence1998Id. at 514 . | 1 | 1998–1998 |
Craddock v. Imperial Casualty & Indemnity Co.
green
1 sentence1970A phase of this problem was considered in Craddock v. Imperial Casualty and Indemnity Company, Ky., 451 S.W.2d 658 (1970). | 1 | 1970–1970 |
Caudill v. Pinsion, Mayor
green
2 sentences1968The basis for the opinion in Caudill v. Pinsion, 233 Ky. 12 , 24 S.W.2d 938 , is not readily discernible. 1968The basis for the opinion in Caudill v. Pinsion, 233 Ky. 12 , 24 S.W.2d 938 , is not readily discernible. | 1 | 1968–1968 |
Hughes v. City of Duluth
neutral
2 sentences1968All that the County and City did was to furnish the rights-of-way pursuant to an agreement between them that when the road was completed the City would convey to the County the rights-of-way secured by the City.” In denying liability we said: “Under the facts stated it is as once apparent that liability cannot be predicated upon the doctrine of respondeat superior, Hughes v. City of Duluth, 204 Minn. 1 , 281 N.W. 871 , 120 A.L.R. 1144 (1938), held that a city could properly be found to have had control over the work being done by W. 1968All that the County and City did was to furnish the rights-of-way pursuant to an agreement between them that when the road was completed the City would convey to the County the rights-of-way secured by the City.” In denying liability we said: “Under the facts stated it is as once apparent that liability cannot be predicated upon the doctrine of respondeat superior, Hughes v. City of Duluth, 204 Minn. 1 , 281 N.W. 871 , 120 A.L.R. 1144 (1938), held that a city could properly be found to have had control over the work being done by W. | 1 | 1968–1968 |
Blue Valley Creamery Co. v. Cronimus
green
2 sentences1961Blue Valley Creamery Co. v. Cronimus, 270 Ky. 496 , 110 S.W.2d 286 , and Overstreet v. Thomas, Ky., 239 S.W.2d 939 , relied on by appellant, are not applicable since there was privity under the doctrine of respondeat superior. 1961Blue Valley Creamery Co. v. Cronimus, 270 Ky. 496 , 110 S.W.2d 286 , and Overstreet v. Thomas, Ky., 239 S.W.2d 939 , relied on by appellant, are not applicable since there was privity under the doctrine of respondeat superior. | 1 | 1961–1961 |
Overstreet v. Thomas
neutral
1 sentence1961Blue Valley Creamery Co. v. Cronimus, 270 Ky. 496 , 110 S.W.2d 286 , and Overstreet v. Thomas, Ky., 239 S.W.2d 939 , relied on by appellant, are not applicable since there was privity under the doctrine of respondeat superior. | 1 | 1961–1961 |
Higgans v. Deskins
green
1 sentence1954Higgans v. Deskins, Ky., 263 S.W.2d 108 . | 1 | 1954–1954 |
Webb v. Dixie-Ohio Express Co., Inc.
green
2 sentences1953Webb v. Dixie-Ohio Express Co., 291 Ky. 692 , 165 S.W.2d 539 . 1953Webb v. Dixie-Ohio Express Co., 291 Ky. 692 , 165 S.W.2d 539 . | 1 | 1953–1953 |
Hodge Drive-It-Yourself Co. v. Cincinnati
green
2 sentences1949In the course of its opinion the Supreme Court said: “There is nothing on the face of the ordinance or in the evidence or findings below to warrant the conclusion that the classification, sec. 65-1 b, is capricious, arbitrary, or so lacking in foundation as to contravene the equal protection clause.” Hodge Drive-It-Yourself Company v. City of Cincinnati, 284 U. S. 335 , 52 S. Ct. 144, 145 , 76 L. 1949In the course of its opinion the Supreme Court said: “There is nothing on the face of the ordinance or in the evidence or findings below to warrant the conclusion that the classification, sec. 65-1 b, is capricious, arbitrary, or so lacking in foundation as to contravene the equal protection clause.” Hodge Drive-It-Yourself Company v. City of Cincinnati, 284 U. S. 335 , 52 S. Ct. 144, 145 , 76 L. | 1 | 1949–1949 |
Sherwood v. Huber & Huber Motor Exp. Co.
green
2 sentences1943Illinois Central Railroad Co. v. Appelgate’s Adm’x, 268 Ky. 458 , 105 S. W. (2d) 153 ; Sherwood v. Huber & Huber Motor Express Co., 286 Ky. 775 , 151 S. W. (2d) 1007 , 135 A. L. 1943Illinois Central Railroad Co. v. Appelgate’s Adm’x, 268 Ky. 458 , 105 S. W. (2d) 153 ; Sherwood v. Huber & Huber Motor Express Co., 286 Ky. 775 , 151 S. W. (2d) 1007 , 135 A. L. | 1 | 1943–1943 |
Louisville N. R. Co. v. Farney
green
1 sentence1943Co. v. Farney, 295 Ky. 8 , 172 S. W;(2d) 656, we overruled the theretofore holdings of this court, that the master was liable for the negligence of his servant while engaged in the prosecution of the former’s business, notwithstanding it might be found by the jury that the servant was not negligent, even in cases where the liability of the master was based exclusively upon the negligence of the servant and liability was sought to be fastened on the master only under the doctrine of respondeat superior. | 1 | 1943–1943 |
Illinois Cent. R. Co. v. Applegate's Adm'x
green
2 sentences1943Illinois Central Railroad Co. v. Appelgate’s Adm’x, 268 Ky. 458 , 105 S. W. (2d) 153 ; Sherwood v. Huber & Huber Motor Express Co., 286 Ky. 775 , 151 S. W. (2d) 1007 , 135 A. L. 1943Illinois Central Railroad Co. v. Appelgate’s Adm’x, 268 Ky. 458 , 105 S. W. (2d) 153 ; Sherwood v. Huber & Huber Motor Express Co., 286 Ky. 775 , 151 S. W. (2d) 1007 , 135 A. L. | 1 | 1943–1943 |
Packard-Louisville Motor Co. v. O'Neal
green
1 sentence1942Under such a state of facts the master is not liable and the respondeat superior doctrine has no application, Wyatt v. Hodson, 210 Ky. 47 , 275 S. W. 15 ; Wells v. Combs, 251 Ky. 479 , 65 S. W. (2d) 468 ; Packard-Louisville Motor Co. v. O’Neal, 248 Ky. *183 438, 58 S. W. (2d) 630 ; Corbin Fruit Co. v. Decker, 252 Ky. 766 , 68 S. W. (2d) 434 . | 1 | 1942–1942 |
| Wells v. Combs neutral | 1 | 1942–1942 |
| Wyatt v. Hodson neutral | 1 | 1942–1942 |
Corbin Fruit Company v. Decker
neutral
2 sentences1942Under such a state of facts the master is not liable and the respondeat superior doctrine has no application, Wyatt v. Hodson, 210 Ky. 47 , 275 S. W. 15 ; Wells v. Combs, 251 Ky. 479 , 65 S. W. (2d) 468 ; Packard-Louisville Motor Co. v. O’Neal, 248 Ky. *183 438, 58 S. W. (2d) 630 ; Corbin Fruit Co. v. Decker, 252 Ky. 766 , 68 S. W. (2d) 434 . 1942Under such a state of facts the master is not liable and the respondeat superior doctrine has no application, Wyatt v. Hodson, 210 Ky. 47 , 275 S. W. 15 ; Wells v. Combs, 251 Ky. 479 , 65 S. W. (2d) 468 ; Packard-Louisville Motor Co. v. O’Neal, 248 Ky. *183 438, 58 S. W. (2d) 630 ; Corbin Fruit Co. v. Decker, 252 Ky. 766 , 68 S. W. (2d) 434 . | 1 | 1942–1942 |
| Gaines' Administratrix v. City of Bowling Green neutral | 1 | 1932–1932 |
| City of Owensboro v. Knox's Admr. neutral | 1 | 1932–1932 |
| City of Harrodsburg v. Sallee neutral | 1 | 1932–1932 |
| City of Louisville v. Hans neutral | 1 | 1932–1932 |
| Gatewood v. City of Frankfort neutral | 1 | 1932–1932 |
| Flutmus v. City of Newport neutral | 1 | 1932–1932 |
| City of Mayfield v. Phipps green | 1 | 1932–1932 |
| Mullen & Haynes Co. v. Crisp neutral | 1 | 1931–1931 |
| Hill v. Poindexter green | 1 | 1928–1928 |
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.