Sunderland

INTRODUCTION

In this appeal we discuss the differing purposes of the workers’ compensation law and the respondeat superior doctrine of vicarious employer liability. We hold that the “commercial traveler rule” of workers’ compensation law may not be incorporated into the respondeat superior doctrine.

In workers’ compensation law, a worker is covered, without regard to fault, if the activity which injures the employee arises “out of and in the course of the employment.” The commercial traveler rule provides that during the period an employee travels on the employer’s business, the employee is within the “course of employment,” which includes the activities of obtaining food and shelter.

By contrast, the respondeat superior doctrine makes an employer vicariously liable for an employee’s torts committed within the “scope of employment.” If the employee commits the tort while engaged in purely private purposes, however, such private conduct is outside the scope of employment and cannot form the basis for an employer’s respondeat superior liability.

In this case, the injuries to plaintiffs were allegedly caused by an employee of defendant corporation, as the employee…