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Carter v. Reynolds

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NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted October 1, 2001

The doctrine known as respondeat superior has been said to be “one of the few anomalies to the general tort doctrine of no liability without fault.” Fruit v. Schreiner, 502 P.2d 133, 139 (Alaska 1972). Here we must address, in a different factual context, the ground covered recently in several opinions of this court. See Pfender v. Torres, 336 N.J. Super. 379 (App. Div.), certif. denied, 167 N.J. 637 (2001); Mannes v. Healey, 306 N.J. Super. 351 (App. Div. 1997). The motion judge reversed an earlier ruling and granted partial summary judgment to plaintiffs David and Donna Carter, finding that defendant Alice F. Reynolds was acting within the scope of her employment for defendant Stevens, Fluhr, Chismar, Alvino & Schechter, CPA (Stevens), when she struck and injured David Carter while operating her automobile. We granted leave to appeal. Although our analysis differs from that of the motion judge, we agree with her conclusion and affirm.

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