Loftus v. Three Palms Crocker Park, L.L.C.

Citations

• 2023 Ohio 926

Syllabus

Summary judgment respondeat superior liability scope of employment, commercial general liability coverage policy contract interpretation. Plaintiff, a passenger in a single car accident, sued the driver and driver's employer for injuries sustained in the accident. The driver was convicted of operating a vehicle under impairment and felony vehicular assault. The accident occurred after driver and plaintiff had dinner and socialized with friends. After the lawsuit was filed, the employer's insurance company intervened seeking declaratory judgment that the Commercial General Liability Coverage policy it issued to employer did not cover the accident. The trial court's grant of summary judgment to driver's employer was proper where driver was not acting within the course of employment at the time of the accident. The general business insurance policy would apply if the employee was acting in furtherance of the employer's business. The trial court's grant of summary judgment to employer's insurance company was proper because driver was not acting in furtherance of the employer's business at the time of the accident.