STATE FARM INSURANCE CO., a/s/o BARBARA FABER, Claimant, v. THE STATE OF ILLINOIS, Respondent.
Case summary
Claimant sought damages for an auto accident involving an off-duty state trooper driving a state-owned squad car without authorization. The court dismissed the claim because the trooper was acting outside the scope of his employment, so the State was not liable under respondeat superior.
AI-generated summary from the opinion text — may contain errors. The opinion text and PDF above are the official record.
Headnotes
- R OLAND W. B URRIS , Attorney General (P HILLIP ROBERTSON, Assistant Attorney General, of counsel), for Respondent.
- NEGLIGENCE-doctrine of respondeat superior. Under the doctrine of respondeat superior, an employer is responsible for the actions of his employees only when those actions are within the scope of his employment, and if a State employee commits a tortious act while on a frolic of his own, and for a purpose unconnected with the work he was hired to perform, the Claimant will be denied recovery.
- SAME-auto accident-State trooper was not acting within scope of employment-claim dismissed. The Claimant’s negligence suit against the State stemming from a car accident involving an off-duty State trooper driving a State-owned vehicle was dismissed, where the trooper had no authorization to use his squad car off duty, was not on government business, and was acting outside the scope of his employment at the time of the accident.
ORDER
JANN, J.
This cause coming to be heard on the motion of respondent to dismiss the claim herein, due notice having been given to all parties, and the Court being fully advised in the premises, the Court finds that:
(1) This action stems from an automobile accident occurring on June 20, 1990, involving Claimant Barbara Faber and Juan O. Morales, an Illinois State trooper.
(2) Trooper Morales was off duty at the time of the accident, but was driving a State-owned squad car.
(3) Trooper Morales was acting outside the scope of his employment at the time of the accident.
(4) Trooper Morales did not get official authorization to use his squad car off duty.
(5) Trooper Morales, when acting within the scope of his employment, is an agent of the State of Illinois (the principal).
(6) Under the doctrine of respondeat superior, an employer is responsible for the actions of his employees only when those actions are within the scope of his employment.
(7) If a State employee commits a tortious act while on a frolic of his own, and for a purpose unconnected [*372] with the work he was hired to perform, the Claimant will be denied recovery. Where the evidence shows that the driver of a State vehicle had no authority to use it, and was not on government business, he was not an agent of the State of Illinois, and a claim based on the negligence of the driver will be denied.
As the Respondent has submitted evidence which clearly shows Trooper Morales was acting outside the scope of his employment when the accident occurred, his employer, the State of Illinois, is not liable for the damages sustained by Claimant.
It is therefore ordered that the Respondent’s motion to dismiss is granted, and that the claim herein is dismissed with prejudice.