ARCHER FORESTRY, LLC Et Al. v. DOLATOWSKI

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• noting that, as a general rule, a servant in going to and from his work in an automobile acts only for his own purposes and not for those of his employer
• holding evidence, even construed in plaintiff’s favor, did not support a basis for punitive damages when defendant “was traveling approximately 48-51 miles per hour in a 45 miles per hour zone” and talking on the phone when collision occurred
• declining to affirm the grant of summary judgment on the alternative ground that the plaintiff’s alleged negligence barred recovery though this argument was raised below
• no special circumstances existed to hold employer liable where employee was on commute home and there was no evidence he was engaged in any work-related phone calls during the drive
• no special circumstances existed to hold employer liable where employee was on commute home with his son in the employer’s car, but there was no evidence he was engaged in any work-related phone calls during the drive
• employee’s use of cell phone “within 25 minutes prior to” a car accident to call his employer was not sufficient to create a jury question on scope of employment because there was no evidence that employee was calling his employer at the time of the accident

Source: CourtListener parenthetical corpus (CC0).