Question: Lapp Roofing and Sheet Metal Company Inc is an Ohio
Lapp Roofing and Sheet Metal Company, Inc. is an Ohio corporation headquartered in Dayton, Ohio. The company provides construction services in several states. Lapp Roofing sent James Goldick and other Lapp Roofing employees to work on a roofing project in Wilmington, Delaware. Lapp Roofing entrusted Goldick, as job foreman, with a white Ford van to transport the workers to the job site and to provide transportation to meals and other necessities. Lapp Roofing’s company policy prohibited employees from driving company vehicles for personal purposes. While in Wilmington, Goldick and another Lapp Roofing employee, James McNees, went to Gators Bar and Restaurant. Goldick, after eating and drinking for several hours, was ejected from the bar. Shortly thereafter, Goldick drove the company van onto the curb in front of the bar, striking and injuring seven individuals. Subsequently, the police stopped the van and apprehended Goldick. Goldick was arrested and pleaded guilty to criminal assault charges. Christopher M. Keating and the other injured individuals filed a personal injury lawsuit against Goldick and Lapp Roofing. Lapp Roofing defended, alleging that it was not liable because Goldick’s negligent conduct was committed outside the scope of his employment. Is Goldick’s negligent conduct committed within the scope of his employment for Lapp Roofing, thus making Lapp Roofing liable? Keating v. Goldick and Lapp Roofing and Sheet Metal Company, Inc., 2004 Del. Super. Lexis 102 (Superior Court of Delaware, 2004)
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