Rogers v. Jordan

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NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Argued April 4, 2001

In this appeal we are asked to resolve whether defendant, City of Newark (the City), is vicariously liable under the doctrine of respondeat superior for a police officer’s negligent operation of a personal automobile while in uniform and traveling home on lunch break. The motion judge denied the City’s motion for partial summary judgment finding that defendant, Officer Keith B. Jordan, was operating his vehicle within the scope of his employment based upon the Newark Police Department’s (the Department) Rules and Regulations, which specified that an officer remains on duty even when periodically relieved during his regularly scheduled day. The City appeals. We hold that, under the circumstances of this case, Officer Jordan was not within the scope of his employment at the time of the accident, and reverse.

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