employer doctrine (West Virginia) · Go Syfert
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employer doctrine in West Virginia

9 West Virginia opinions name it 2 courts 2004–2025 3 in the last five years

The cases below were cited by West Virginia 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.

Followed or applied (14)

CaseFollowedCited
Rawling v. City of New Havengreen
conn · 1988 · cited in 1 West Virginia opinions naming this issue, 2014–2014
2 sentences

2014If an employee's tort is personal in nature, mere presence at the place of employment and attendance to occupational duties prior or subsequent to the offense will not give rise to a cause of action against the employer under the doctrine of respondeat superior.”); Destefano v. Grabrian, 763 P.2d 275, 287 (Colo.1988) (archdiocese not liable for the sexual misconduct of a priest during marriage counseling noting that sexual misconduct was "contrary to the instructions and doctrines” of the employer); Rawling v. City of New Haven, 206 Conn. 100 , 537 A.2d 439, 444 (1988) (city need not indemnify

2014If an employee's tort is personal in nature, mere presence at the place of employment and attendance to occupational duties prior or subsequent to the offense will not give rise to a cause of action against the employer under the doctrine of respondeat superior.”); Destefano v. Grabrian, 763 P.2d 275, 287 (Colo.1988) (archdiocese not liable for the sexual misconduct of a priest during marriage counseling noting that sexual misconduct was "contrary to the instructions and doctrines” of the employer); Rawling v. City of New Haven, 206 Conn. 100 , 537 A.2d 439, 444 (1988) (city need not indemnify

11
Gutierrez v. Thornegreen
connappct · 1988 · cited in 1 West Virginia opinions naming this issue, 2014–2014
2 sentences

2014If an employee's tort is personal in nature, mere presence at the place of employment and attendance to occupational duties prior or subsequent to the offense will not give rise to a cause of action against the employer under the doctrine of respondeat superior.”); Destefano v. Grabrian, 763 P.2d 275, 287 (Colo.1988) (archdiocese not liable for the sexual misconduct of a priest during marriage counseling noting that sexual misconduct was "contrary to the instructions and doctrines” of the employer); Rawling v. City of New Haven, 206 Conn. 100 , 537 A.2d 439, 444 (1988) (city need not indemnify

2014If an employee's tort is personal in nature, mere presence at the place of employment and attendance to occupational duties prior or subsequent to the offense will not give rise to a cause of action against the employer under the doctrine of respondeat superior.”); Destefano v. Grabrian, 763 P.2d 275, 287 (Colo.1988) (archdiocese not liable for the sexual misconduct of a priest during marriage counseling noting that sexual misconduct was "contrary to the instructions and doctrines” of the employer); Rawling v. City of New Haven, 206 Conn. 100 , 537 A.2d 439, 444 (1988) (city need not indemnify

11
Boykin v. District of Columbiagreen
dc · 1984 · cited in 1 West Virginia opinions naming this issue, 2014–2014
2 sentences

2014Ct. 1997) (“While an employer may be vicariously liable for the intentional torts committed by a disobedient servant, the employee in such situations must be ‘engaged in a disobedient or unfaithful conducting of the master’s business.’”); Boykin v. Dist. of Columbia, 484 A.2d 560, 562 (D.C. 1984) (city not liable for a program coordinator’s sexual assault of blind, deaf, and mute student as “assault was in no degree committed to serve the school’s interest, but rather appears to have been done solely for the accomplishment of Boyd’s independent, malicious, mischievous and selfish purposes”); D

2014If an employee's tort is personal in nature, mere presence at the place of employment and attendance to occupational duties prior or subsequent to the offense will not give rise to a cause of action against the employer under the doctrine of respondeat superior.”); Destefano v. Grabrian, 763 P.2d 275, 287 (Colo.1988) (archdiocese not liable for the sexual misconduct of a priest during marriage counseling noting that sexual misconduct was "contrary to the instructions and doctrines” of the employer); Rawling v. City of New Haven, 206 Conn. 100 , 537 A.2d 439, 444 (1988) (city need not indemnify

11
Hoover v. University of Chicago Hospitalsgreen
illappct · 1977 · cited in 1 West Virginia opinions naming this issue, 2014–2014
2 sentences

2014If an employee's tort is personal in nature, mere presence at the place of employment and attendance to occupational duties prior or subsequent to the offense will not give rise to a cause of action against the employer under the doctrine of respondeat superior.”); Destefano v. Grabrian, 763 P.2d 275, 287 (Colo.1988) (archdiocese not liable for the sexual misconduct of a priest during marriage counseling noting that sexual misconduct was "contrary to the instructions and doctrines” of the employer); Rawling v. City of New Haven, 206 Conn. 100 , 537 A.2d 439, 444 (1988) (city need not indemnify

2014If an employee's tort is personal in nature, mere presence at the place of employment and attendance to occupational duties prior or subsequent to the offense will not give rise to a cause of action against the employer under the doctrine of respondeat superior.”); Destefano v. Grabrian, 763 P.2d 275, 287 (Colo.1988) (archdiocese not liable for the sexual misconduct of a priest during marriage counseling noting that sexual misconduct was "contrary to the instructions and doctrines” of the employer); Rawling v. City of New Haven, 206 Conn. 100 , 537 A.2d 439, 444 (1988) (city need not indemnify

11
Sanborn v. Methodist Behavioral Resources Partnershipgreen
lactapp · 2004 · cited in 1 West Virginia opinions naming this issue, 2014–2014
1 sentence

2014If an employee's tort is personal in nature, mere presence at the place of employment and attendance to occupational duties prior or subsequent to the offense will not give rise to a cause of action against the employer under the doctrine of respondeat superior.”); Destefano v. Grabrian, 763 P.2d 275, 287 (Colo.1988) (archdiocese not liable for the sexual misconduct of a priest during marriage counseling noting that sexual misconduct was "contrary to the instructions and doctrines” of the employer); Rawling v. City of New Haven, 206 Conn. 100 , 537 A.2d 439, 444 (1988) (city need not indemnify

11
Big Brother/Big Sister of Metro Atlanta, Inc. v. Terrellgreen
gactapp · 1987 · cited in 1 West Virginia opinions naming this issue, 2014–2014
2 sentences

2014If an employee's tort is personal in nature, mere presence at the place of employment and attendance to occupational duties prior or subsequent to the offense will not give rise to a cause of action against the employer under the doctrine of respondeat superior.”); Destefano v. Grabrian, 763 P.2d 275, 287 (Colo.1988) (archdiocese not liable for the sexual misconduct of a priest during marriage counseling noting that sexual misconduct was "contrary to the instructions and doctrines” of the employer); Rawling v. City of New Haven, 206 Conn. 100 , 537 A.2d 439, 444 (1988) (city need not indemnify

2014If an employee's tort is personal in nature, mere presence at the place of employment and attendance to occupational duties prior or subsequent to the offense will not give rise to a cause of action against the employer under the doctrine of respondeat superior.”); Destefano v. Grabrian, 763 P.2d 275, 287 (Colo.1988) (archdiocese not liable for the sexual misconduct of a priest during marriage counseling noting that sexual misconduct was "contrary to the instructions and doctrines” of the employer); Rawling v. City of New Haven, 206 Conn. 100 , 537 A.2d 439, 444 (1988) (city need not indemnify

11
Webb v. Jewel Companies, Inc.green
illappct · 1985 · cited in 1 West Virginia opinions naming this issue, 2014–2014
2 sentences

2014If an employee's tort is personal in nature, mere presence at the place of employment and attendance to occupational duties prior or subsequent to the offense will not give rise to a cause of action against the employer under the doctrine of respondeat superior.”); Destefano v. Grabrian, 763 P.2d 275, 287 (Colo.1988) (archdiocese not liable for the sexual misconduct of a priest during marriage counseling noting that sexual misconduct was "contrary to the instructions and doctrines” of the employer); Rawling v. City of New Haven, 206 Conn. 100 , 537 A.2d 439, 444 (1988) (city need not indemnify

2014If an employee's tort is personal in nature, mere presence at the place of employment and attendance to occupational duties prior or subsequent to the offense will not give rise to a cause of action against the employer under the doctrine of respondeat superior.”); Destefano v. Grabrian, 763 P.2d 275, 287 (Colo.1988) (archdiocese not liable for the sexual misconduct of a priest during marriage counseling noting that sexual misconduct was "contrary to the instructions and doctrines” of the employer); Rawling v. City of New Haven, 206 Conn. 100 , 537 A.2d 439, 444 (1988) (city need not indemnify

11
Deloney v. Board of Education of Thornton Township, School District No. 205green
illappct · 1996 · cited in 1 West Virginia opinions naming this issue, 2014–2014
2 sentences

2014If an employee's tort is personal in nature, mere presence at the place of employment and attendance to occupational duties prior or subsequent to the offense will not give rise to a cause of action against the employer under the doctrine of respondeat superior.”); Destefano v. Grabrian, 763 P.2d 275, 287 (Colo.1988) (archdiocese not liable for the sexual misconduct of a priest during marriage counseling noting that sexual misconduct was "contrary to the instructions and doctrines” of the employer); Rawling v. City of New Haven, 206 Conn. 100 , 537 A.2d 439, 444 (1988) (city need not indemnify

2014If an employee's tort is personal in nature, mere presence at the place of employment and attendance to occupational duties prior or subsequent to the offense will not give rise to a cause of action against the employer under the doctrine of respondeat superior.”); Destefano v. Grabrian, 763 P.2d 275, 287 (Colo.1988) (archdiocese not liable for the sexual misconduct of a priest during marriage counseling noting that sexual misconduct was "contrary to the instructions and doctrines” of the employer); Rawling v. City of New Haven, 206 Conn. 100 , 537 A.2d 439, 444 (1988) (city need not indemnify

11
Hamed v. Wayne Countygreen
mich · 2011 · cited in 1 West Virginia opinions naming this issue, 2014–2014
2 sentences

2014Co. v. Fells Acres Day Sch., Inc., 408 Mass. 393 , 558 N.E.2d 958 , 967 n. 13 (1990) (no vicarious liability as sexual molestations by employees did not originate in any legitimate activities closely associated with employment relationship); Hamed v. Wayne Cnty., 490 Mich. 1 , 803 N.W.2d 237, 244-45 (2011) (”[T]here is no question that Johnson's sexual assault of plaintiff was beyond the scope of his employment as a deputy sheriff.

2014Co. v. Fells Acres Day Sch., Inc., 408 Mass. 393 , 558 N.E.2d 958 , 967 n. 13 (1990) (no vicarious liability as sexual molestations by employees did not originate in any legitimate activities closely associated with employment relationship); Hamed v. Wayne Cnty., 490 Mich. 1 , 803 N.W.2d 237, 244-45 (2011) (”[T]here is no question that Johnson's sexual assault of plaintiff was beyond the scope of his employment as a deputy sheriff.

11
Destefano v. Grabriangreen
colo · 1988 · cited in 1 West Virginia opinions naming this issue, 2014–2014
2 sentences

2014If an employee’s tort is personal in nature, mere presence at the place of employment and attendance to occupational duties prior or subsequent to the offense will not give rise to a cause of action against the employer under the doctrine of respondeat superior.”); Destefano v. Grabrian, 763 P.2d 275, 287 (Colo. 1988) (archdiocese not liable for the sexual misconduct of a priest during marriage counseling noting that sexual misconduct was “contrary to the instructions and doctrines” of the employer); Rawling v. City of New Haven, 537 A.2d 439, 444 (Conn. 1988) (city need not indemnify police o

2014If an employee's tort is personal in nature, mere presence at the place of employment and attendance to occupational duties prior or subsequent to the offense will not give rise to a cause of action against the employer under the doctrine of respondeat superior.”); Destefano v. Grabrian, 763 P.2d 275, 287 (Colo.1988) (archdiocese not liable for the sexual misconduct of a priest during marriage counseling noting that sexual misconduct was "contrary to the instructions and doctrines” of the employer); Rawling v. City of New Haven, 206 Conn. 100 , 537 A.2d 439, 444 (1988) (city need not indemnify

11
RANDI F. v. High Ridge YMCAgreen
illappct · 1988 · cited in 1 West Virginia opinions naming this issue, 2014–2014
2 sentences

2014If an employee's tort is personal in nature, mere presence at the place of employment and attendance to occupational duties prior or subsequent to the offense will not give rise to a cause of action against the employer under the doctrine of respondeat superior.”); Destefano v. Grabrian, 763 P.2d 275, 287 (Colo.1988) (archdiocese not liable for the sexual misconduct of a priest during marriage counseling noting that sexual misconduct was "contrary to the instructions and doctrines” of the employer); Rawling v. City of New Haven, 206 Conn. 100 , 537 A.2d 439, 444 (1988) (city need not indemnify

2014If an employee's tort is personal in nature, mere presence at the place of employment and attendance to occupational duties prior or subsequent to the offense will not give rise to a cause of action against the employer under the doctrine of respondeat superior.”); Destefano v. Grabrian, 763 P.2d 275, 287 (Colo.1988) (archdiocese not liable for the sexual misconduct of a priest during marriage counseling noting that sexual misconduct was "contrary to the instructions and doctrines” of the employer); Rawling v. City of New Haven, 206 Conn. 100 , 537 A.2d 439, 444 (1988) (city need not indemnify

11
DUYSER BY DUYSER v. School Bd. of Broward Countygreen
fladistctapp · 1991 · cited in 1 West Virginia opinions naming this issue, 2014–2014
2 sentences

2014Ct. 1997) (“While an employer may be vicariously liable for the intentional torts committed by a disobedient servant, the employee in such situations must be ‘engaged in a disobedient or unfaithful conducting of the master’s business.’”); Boykin v. Dist. of Columbia, 484 A.2d 560, 562 (D.C. 1984) (city not liable for a program coordinator’s sexual assault of blind, deaf, and mute student as “assault was in no degree committed to serve the school’s interest, but rather appears to have been done solely for the accomplishment of Boyd’s independent, malicious, mischievous and selfish purposes”); D

2014If an employee's tort is personal in nature, mere presence at the place of employment and attendance to occupational duties prior or subsequent to the offense will not give rise to a cause of action against the employer under the doctrine of respondeat superior.”); Destefano v. Grabrian, 763 P.2d 275, 287 (Colo.1988) (archdiocese not liable for the sexual misconduct of a priest during marriage counseling noting that sexual misconduct was "contrary to the instructions and doctrines” of the employer); Rawling v. City of New Haven, 206 Conn. 100 , 537 A.2d 439, 444 (1988) (city need not indemnify

11
O'DELL v. Town of Gauley Bridgegreen
wva · 1992 · cited in 1 West Virginia opinions naming this issue, 2006–2006
2 sentences

2006The sole exception to the immunity provision in the Workers’ Compensation statutes is discussed in West Virginia Code § 23-4-2 (2005) (Repl.Vol.2005), where the intent of the Legislature regarding employer liability is set forth as follows: (d)(l)It is declared that enactment of this chapter and the establishment of the workers’ compensation system in this chapter was and is intended to remove from the common law tort system all disputes between or among employers and employees regarding the compensation to be received for injury or death to an employee except as expressly provided in this cha

2006The sole exception to the immunity provision in the Workers’ Compensation statutes is discussed in West Virginia Code § 23-4-2 (2005) (Repl.Vol.2005), where the intent of the Legislature regarding employer liability is set forth as follows: (d)(l)It is declared that enactment of this chapter and the establishment of the workers’ compensation system in this chapter was and is intended to remove from the common law tort system all disputes between or among employers and employees regarding the compensation to be received for injury or death to an employee except as expressly provided in this cha

11
Bridges v. National Engineering & Contracting Co.green
ohio · 1990 · cited in 1 West Virginia opinions naming this issue, 2004–2004
2 sentences

2004The Bridges court ultimately explained that "we agree with the holding of several lower courts that, standing alone, the failure of an employer who has otherwise complied to include one or more employees on a payroll report `is not an omission which will deprive an employer or immunity.'" Id. at 170-71 (citations omitted).

2004The Bridges court ultimately explained that “we agree with the holding of several lower courts that, standing alone, the failure of an employer who has otherwise complied to include one or more employees on a payroll report ‘is not an omission which will deprive an employer or immunity.’” Id. at 170-71 (citations omitted).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in West Virginia. Read the followed side critically anyway.

Also cited on this issue (6)

CaseCitedYears
Dailey v. Board of Review, West Virginia Bureau of Employment Programs green
wva · 2003
2 sentences

2025At Syllabus Point 4 of Dailey v. Board of Review, 214 W.

2024In Dailey v. Board of Review, 214 W.

22024–2025
Niece v. Elmview Group Home green
wash · 1997
1 sentence

2021Id.

12021–2021
Worcester Insurance v. Fells Acres Day School, Inc. green
mass · 1990
2 sentences

2014Co. v. Fells Acres Day Sch., Inc., 408 Mass. 393 , 558 N.E.2d 958 , 967 n. 13 (1990) (no vicarious liability as sexual molestations by employees did not originate in any legitimate activities closely associated with employment relationship); Hamed v. Wayne Cnty., 490 Mich. 1 , 803 N.W.2d 237, 244-45 (2011) (”[T]here is no question that Johnson's sexual assault of plaintiff was beyond the scope of his employment as a deputy sheriff.

2014Co. v. Fells Acres Day Sch., Inc., 408 Mass. 393 , 558 N.E.2d 958 , 967 n. 13 (1990) (no vicarious liability as sexual molestations by employees did not originate in any legitimate activities closely associated with employment relationship); Hamed v. Wayne Cnty., 490 Mich. 1 , 803 N.W.2d 237, 244-45 (2011) (”[T]here is no question that Johnson's sexual assault of plaintiff was beyond the scope of his employment as a deputy sheriff.

12014–2014
Cotton v. Bureau of Workers' Compensation green
ohioctapp · 2011
2 sentences

2013In Cotton v. Administrator, Bureau of Workers’ Compensation, 192 Ohio App.3d 221 , 948 N.E.2d 968 (2011), the trial court found that Cotton, a janitor supervisor, was not injured in the course of his employment when he was injured while assisting a co-worker in retrieving potato chips which had gotten stuck in a vending machine.

2013In Cotton v. Administrator, Bureau of Workers’ Compensation, 192 Ohio App.3d 221 , 948 N.E.2d 968 (2011), the trial court found that Cotton, a janitor supervisor, was not injured in the course of his employment when he was injured while assisting a co-worker in retrieving potato chips which had gotten stuck in a vending machine.

12013–2013
Messer v. Huntington Anesthesia Group, Inc. green
wva · 2005
2 sentences

2006Pt. 4, Messer v. Huntington Anesthesia Group, Inc., 218 W.Va. 4 , 620 S.E.2d 144 (2005). [7] W.Va.Code § 23-4-1 was amended by the Legislature in 1945 to recognize silicosis as an "injury" or "personal injury" for purposes of compensability and benefits determinations within the workers' compensation system.

2006Pt. 4, Messer v. Huntington Anesthesia Group, Inc., 218 W.Va. 4 , 620 S.E.2d 144 (2005). [7] W.Va.Code § 23-4-1 was amended by the Legislature in 1945 to recognize silicosis as an "injury" or "personal injury" for purposes of compensability and benefits determinations within the workers' compensation system.

12006–2006
Henry v. Benyo green
wva · 1998
1 sentence

2004Id., at syl. pt. 4.

12004–2004

Statutes the citing opinions construe

WV § W. Va. Code § 23-2-6 (4) WV § W. Va. Code § 23-1-1 (3) WV § W. Va. Code § 23-4-1 (3) WV § W. Va. Code § 23-4-2 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

PA 134 (1937–2025) CA 108 (1915–2026) NY 58 (1907–2025) MO 57 (1947–2024) IL 56 (1908–2024) OH 46 (1969–2025) IN 42 (1970–2020) TN 41 (1928–2026) LA 39 (1931–2020) FL 38 (1943–2026) CT 38 (1946–2025) OK 27 (1937–2018) WA 25 (1957–2025) MD 22 (1963–2023) NJ 21 (1954–2026) NC 19 (1923–2019) MI 17 (1907–2025) TX 17 (1915–2023) GA 15 (1938–2017) CO 14 (1942–2026) KY 13 (1912–2023) AL 12 (1890–2026) OR 12 (1913–2007) VA 12 (1975–2026) AZ 12 (1934–2026) NM 12 (1976–2023) ME 10 (1947–2024) MN 10 (1956–2007) MT 9 (1985–2020) WI 9 (1948–2008) WV 9 (2004–2025) AR 9 (1969–2021) RI 9 (1926–2004) IA 8 (1940–2017) MA 8 (1988–2021) DE 6 (1925–2017) NE 6 (1916–2022) ID 5 (1966–2013) UT 5 (1992–2015) SC 5 (1943–2016) KS 5 (1926–2005) MS 4 (1962–2017) ND 4 (1978–2004) WY 3 (1977–1991) NH 3 (1986–2000) AK 3 (1972–2020) VI 2 (2007–2009) SD 2 (1999–2006) HI 2 (1995–2010) DC 2 (1985–1987) VT 2 (2004–2020) NV 2 (2019–2019)

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.

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