Rodgers v. Kemper Construction Co.
Court of Appeals of California
124 Cal. Rptr. 143 (1975)
Relevant factsFree
Herd and O'Brien, employees of subcontractor Kemper (defendant), stayed on the jobsite drinking beer after their shift ended, a practice Kemper regularly allowed since it often called on lingering employees for overtime work. When Rodgers (plaintiff), operating a bulldozer on his own shift, refused their request for a ride, the two beat him severely. Rodgers sued Herd, O'Brien, and Kemper; the jury found Kemper vicariously liable, and Kemper appealed.
IssueFree
Whether, under the doctrine of respondeat superior, an employer is vicariously liable for the torts of its employees committed within the scope of employment.