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16 Pennsylvania opinions name it 4 courts 1987–2021 3 in the last five years
The cases below were cited by Pennsylvania 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 |
|---|---|---|
Keffer v. Bob Nolan's Auto Service, Inc.green2 sentences2021See Keffer, 59 A.3d at 637 . 2020See Keffer, 59 A.3d at 637 . | 2 | 2 |
R.A. Ex Rel. N.A. v. First Church of Christgreen2 sentences2017The court concluded that "(n)othing about [defendant's) sexual abuse of [minor] had any connection to the kind and nature of his employment as a minister." Id. at 700 . 4 2013-24995-0122 Opinion, Pag¢ 6 Pennsylvania courts have come to the same conclusion in cases where the offending conduct was far less egregious. 2006R.A. by & Through N.A. v. First Church of Christ, 748 A.2d 692, 699 (Pa.Super.2000), appeal denied, 563 Pa. 689 , 760 A.2d 855 (2000) (employer liable for negligence of employee where acts performed during course and scope of employment caused harm to third parties). | 1 | 2 |
Rinaldi Ex Rel. Sherrock Bros. v. Board of Vehicle Manufacturersgreen2 sentences2017Subsequently, “under the doctrine of vicarious liability, the corporation, not the employee, is liable for acts committed by the employee in the course of employment.” Tayar, 47 A.3d at 1196 ; see also Rinaldi v. Board of Vehicle Manufacturers, Dealers and Salespersons, 843 A.2d 418, 421 (Pa. Cmwlth. 2004) (“corporations are necessarily required to conduct their business through agents and they are bound by the acts of their representatives within the apparent scope of the business with which they are entrusted”) (citation omitted). 2017Subsequently, “under the doctrine of vicarious liability, the corporation, not the employee, is liable for acts committed by the employee in the course of employment.” Tayar, 47 A.3d at 1196 ; see also Rinaldi v. Board of Vehicle Manufacturers, Dealers and Salespersons, 843 A.2d 418, 421 (Pa. Cmwlth. 2004) (“corporations are necessarily required to conduct their business through agents and they are bound by the acts of their representatives within the apparent scope of the business with which they are entrusted”) (citation omitted). | 1 | 1 |
Harris v. Neuburgergreen2 sentences2006See Homziak, supra. Adequacy of Certifícate of Merit ¶ 15 We conclude that Kennedy filed the certificate of merit for the vicarious liability claim under the proper section of Pa.R.C.P. 1042.3 and even if she did not, under Harris v. Neuburger, 877 A.2d 1275 (Pa.Super.2005), Kennedy substantially complied with the rule. 2006Adequacy of Certificate of Merit ¶ 15 We conclude that Kennedy filed the certificate of merit for the vicarious liability claim under the proper section of Pa.R.C.P. 1042.3 and even if she did not, under Harris v. Neuburger, 877 A.2d 1275 (Pa.Super.2005), Kennedy substantially complied with the rule. | 1 | 1 |
Crowell v. City of Philadelphiagreen2 sentences2006Vicarious liability, also referred to as imputed negligence, “means in its simplest form that, by reason of some relation existing between A and B, the negligence of A is to be charged against B although B has played no part in it, has done nothing whatever to aid or encourage it, or indeed has done all that he possibly can to prevent it.” See e.g., Crowell v. City of Philadelphia, 531 Pa. 400, 407-408 , 613 A.2d 1178, 1181 (1992) (citing Prosser and Keaton on Torts (5th ed. 1984) §69, p. 499). 2006Vicarious liability, also referred to as imputed negligence, “means in its simplest form that, by reason of some relation existing between A and B, the negligence of A is to be charged against B although B has played no part in it, has done nothing whatever to aid or encourage it, or indeed has done all that he possibly can to prevent it.” See e.g., Crowell v. City of Philadelphia, 531 Pa. 400, 407-408 , 613 A.2d 1178, 1181 (1992) (citing Prosser and Keaton on Torts (5th ed. 1984) §69, p. 499). | 1 | 1 |
Builders Supply Co. v. McCabegreen2 sentences1987See Builders Supply Co. v. McCabe, 366 Pa. 322, 326 , 77 A.2d 368 (1951); Ragan v. Steen, 229 Pa.Super. 515, 526 , 331 A.2d 724 (1974). 1987See Builders Supply Co. v. McCabe, 366 Pa. 322, 326 , 77 A.2d 368 (1951); Ragan v. Steen, 229 Pa.Super. 515, 526 , 331 A.2d 724 (1974). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Pennsylvania. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Scampone, R. v. Grane Healthcare Co.
green
1 sentence2021Id. at 621- 22. | 1 | 2021–2021 |
Gardner, E. v. MIA Products Company
green
1 sentence2021Because the evidence supporting Defendants’ motion for summary judgment was not “so compelling as to resolve all questions of material fact regarding the issue of worker control,” id., we conclude that the trial court abused its discretion in granting summary judgment in favor of Defendants on the negligence claim against Kramer and the vicarious liability claim against HTSS. | 1 | 2021–2021 |
Boucher v. Pennsylvania Hospital
green
1 sentence2020Id. | 1 | 2020–2020 |
Rostock v. Anzalone
green
2 sentences2017Even if the maintenance of patient records were largely clerical, we continued, the physician, “as the professional charged with supervising employees in a professional context, would be responsible for their derelictions under the doctrine of vicarious liability.” Id. 2017Even if the maintenance of patient records were largely clerical, we continued, the physician, “as the professional charged with supervising employees in a professional context, would be responsible for their derelictions under the doctrine of vicarious liability.” Id. | 1 | 2017–2017 |
Rauch v. Mike-Mayer
green
1 sentence2017Appellant contends that this Court’s holding in Rauch v. Mike-Mayer, 783 A.2d 815 (Pa. Super. 2001) compels a finding of trial court error. | 1 | 2017–2017 |
Tayar v. Camelback Ski Corp.
green
2 sentences2017Subsequently, “under the doctrine of vicarious liability, the corporation, not the employee, is liable for acts committed by the employee in the course of employment.” Tayar, 47 A.3d at 1196 ; see also Rinaldi v. Board of Vehicle Manufacturers, Dealers and Salespersons, 843 A.2d 418, 421 (Pa. Cmwlth. 2004) (“corporations are necessarily required to conduct their business through agents and they are bound by the acts of their representatives within the apparent scope of the business with which they are entrusted”) (citation omitted). 2017Subsequently, “under the doctrine of vicarious liability, the corporation, not the employee, is liable for acts committed by the employee in the course of employment.” Tayar, 47 A.3d at 1196 ; see also Rinaldi v. Board of Vehicle Manufacturers, Dealers and Salespersons, 843 A.2d 418, 421 (Pa. Cmwlth. 2004) (“corporations are necessarily required to conduct their business through agents and they are bound by the acts of their representatives within the apparent scope of the business with which they are entrusted”) (citation omitted). | 1 | 2017–2017 |
American Casualty Co. of Reading v. Phico Insurance Company
green
2 sentences2003American Casualty, 643 A.2d at 93 . 2003American Casualty, 643 A.2d at 93 . | 1 | 2003–2003 |
McClellan v. Health Maintenance Organization
green
2 sentences2002McClellan v. Health Maintenance Organization of Pennsylvania, 413 Pa.Super. 128 , 604 A.2d 1053 (1992), appeal denied, 532 Pa. 664 , 616 A.2d 985 (1992). 2002McClellan v. Health Maintenance Organization of Pennsylvania, 413 Pa.Super. 128 , 604 A.2d 1053 (1992), appeal denied, 532 Pa. 664 , 616 A.2d 985 (1992). | 1 | 2002–2002 |
Boutte v. Seitchik
green
2 sentences2000Majority Opinion at 1243; Boutte v. Seitchik, 719 A.2d 319 (Pa.Super.1998). 2000Majority Opinion at 1243; Boutte v. Seitchik, 719 A.2d 319 (Pa.Super.1998). | 1 | 2000–2000 |
Beymer v. Bonsall
green
1 sentence1987As the court in Melnick, supra made clear: A person who enters into contractual obligations with an agent, where the agent is acting for an undisclosed princi *369 pal, may enforce his claim against the agent because he has acted upon the agent’s credit As this Court said in Beymer v. Bonsall, [ 79 Pa. 298 (1875)] supra, p. 300: ‘Undoubtedly an agent who makes a contract in his own name without disclosing his agency is liable to the other party. | 1 | 1987–1987 |
Ragan v. Steen
green
2 sentences1987See Builders Supply Co. v. McCabe, 366 Pa. 322, 326 , 77 A.2d 368 (1951); Ragan v. Steen, 229 Pa.Super. 515, 526 , 331 A.2d 724 (1974). 1987See Builders Supply Co. v. McCabe, 366 Pa. 322, 326 , 77 A.2d 368 (1951); Ragan v. Steen, 229 Pa.Super. 515, 526 , 331 A.2d 724 (1974). | 1 | 1987–1987 |
Betcher v. McChesney
green
2 sentences1987He is made primarily liable and the injured party may sue either (principal or agent) as he elects,” Betcher v. McChesney, 255 Pa. 394, 396 , 100 A. 124 (1917). 2 Still the agent is ultimately responsible for his own conduct, and the law ameliorates the harshness of the vicarious liability doctrine by allowing the principal to seek indemnity from the agent. 1987He is made primarily liable and the injured party may sue either (principal or agent) as he elects,” Betcher v. McChesney, 255 Pa. 394, 396 , 100 A. 124 (1917). 2 Still the agent is ultimately responsible for his own conduct, and the law ameliorates the harshness of the vicarious liability doctrine by allowing the principal to seek indemnity from the agent. | 1 | 1987–1987 |
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.