· 5/8/2013
Southern Building Services, Inc. v. City of Fort Smith
Citations
- 427 S.W.3d 763
- 2013 Ark. App. 306
- 2013 WL 1904804
- 2013 Ark. App. LEXIS 329
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- noting that the traditional scope-of-employment analysis in respondeat-superior cases \concerns only whether the employee is discharging the duties generally assigned to her\ (citations and internal quotation marks omitted)
- providing that the conduct can still be related to a job 7 duty even if the employee performs negligently or is motivated by ulterior motives or personal animus
- stating that conduct may be within the scope of employment “even if the employee performs negligently or is motivated by ulterior motives or personal animus so long as the conduct itself was pursuant to her job responsibilities”
- noting the traditional scope- of-employment analysis in respondeat-superior cases “concerns only whether the employee is discharging the duties generally assigned to her”
- required connection between employee’s job duties and allegedly tortious conduct may exist even if employee performs negligently
- “An officer has a duty to preserve the peace within his jurisdiction. He also has a duty to prevent the commission of an offense.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Glover, Walmsey, Whiteaker
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.