New York Court of Appeals
Margaret M. Lundberg, as Administratrix of the Estate of John H. Lundberg, Deceased, Respondent v. State of New…
December 4, 196925 N.Y.2d 467
Summary
The Court held that the State of New York is not liable under respondeat superior for the negligence of its employee who was driving from his home to a distant work site, reversing the Appellate Division's judgment. The dissent argued that the employee's travel was in the course of employment and the State should be liable.