Margaret M. Lundberg, as Administratrix of the Estate of John H. Lundberg, Deceased, Respondent v. State of New…

Summary

The New York Court of Appeals reversed the Appellate Division and dismissed the wrongful‑death claim against the State, holding that the employee’s negligence while traveling from his home to a distant work site was not within the scope of his employment and therefore not imputed to the State under respondeat superior. The dissent argued that the travel was in the course of employment and the State should be liable.