Employer not vicariously liable for wrongful deaths of victims

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Christian Sandage and Arthur Shofner, individually and as personal representative of the supervised estate of Sheena Sandage-Shofner, deceased, and Christine Sandage, individually and as personal representative of the supervised estate of Alfonzo Small, deceased, (collectively, “Appellants”) appeal the trial court’s grant of summary judgment to Porter’s Parking Area Maintenance, LLC (“Porter’s Parking”). The Appellants raise three issues, which we consolidate and restate as whether the trial court erred by granting the motion for summary judgment filed by Porter’s Parking.

Conclusion
(slip op. at 13):  We affirm the trial court’s grant of the motion for summary judgment filed by Porter’s Parking.

Key Analysis
(slip op. at 11, 13):  The victims in this case were not reasonably foreseeable victims who were injured by a reasonably foreseeable harm. Thus, as a matter of law, Porter’s Parking did not have a duty of care to Sandage-Shofner, Small, and Jenkins . . . We conclude that Moore’s murderous acts did not fall with the scope of his employment with Porter’s Parking, and thus that Porter’s Parking is not vicariously liable under the doctrine of respondeat superior.

About Bose McKinney & Evans LLP

Bose McKinney & Evans LLP is a business law firm, headquartered in Indianapolis, Indiana, serving both publicly held and privately held businesses, governmental entities and high-growth industries. Our clients include Fortune 100 companies, international manufacturers, national and regional financial institutions, agribusinesses, sports teams, university-incubated start-ups, media, utilities, cities and schools, to name a few. We strive to build strong relationships with our clients as key business advisors, to exceed expectations in the quality of our work, to be knowledgeable about our clients’ businesses and sectors, to be responsive to service needs and to continually seek to improve the delivery of client services. Our ultimate focus is on our clients.
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