O'Toole v. Carr
Superior Court of New Jersey, Appellate Division
786 A.2d 121 (2001)
Paul Carr (defendant), a law firm partner who also worked part-time as a municipal judge, negligently struck the O'Tooles' (plaintiffs) vehicle while driving his personally leased car (paid through a corporate account, but leased in his own name) on his way to his municipal court job, not to the law firm. The O'Tooles sued both Carr personally and his law firm, arguing the firm was vicariously liable, and the trial court granted the O'Tooles summary judgment holding the firm liable as a matter of law; Carr appealed.
Whether a law firm is vicariously liable for a partner's car accident that occurred while he was commuting to a separate, unrelated part-time job rather than to or for the firm itself.