To recover against a defendant under respondeat superior, “the plaintiff must establish the status of employer and employee – master and servant – and to establish that the act was done within the scope of the employee’s employment.” Id. at 550 (emphasis added). The act or tort in question is left to the jury to determine whether the employee was acting from personal motives having no relationship to the business of the employer. Id. The Hendley court held that, “where an employee abandons his employer's business for personal reasons the employment is suspended and the employer is not liable for the actions of the employee during the temporary lapse in employment and during the time of the employee's absence from the employer's business.” Id. For example,…show more content… Hitch had all the drivers sign rules of conduct which stated certain rules the drivers needed to follow. Specifically, the rules stated that the “driver must not engage in distracted driving such as texting while driving,” and, “driver must obey all local traffic laws.” These rules are similar to what Springhill requested of Sands to always have a nurse accompany him into the room of a female patient. Sands broke this rule when helping Hendley in the same way Piper broke her agreement with Hitch by not paying attention while driving. Piper drove distracted from the loud music, Alexis’s selfies, and the iPhone on the dash videoing Piper and Alexis dancing. Piper’s distracted driving led to a car accident leaving Alexis injured which was a gross deviation from the scope of employment. Piper’s gross deviation from driving reflects Sands’ gross deviation of an unauthorized exam. Based on these factors, Piper’s distractions are enough to break the Hitch rules and put her as acting outside the scope of her employment. Piper’s gross deviation from employment would prevent Hitch from being vicariously
