Fiano v. Old Saybrook Fire Co. No. 1, Inc.

The Supreme Court affirmed the decision of the Appellate Court upholding the trial court's grant of summary judgment to the municipal defendants in this personal injury action, holding that there was no genuine issue of material fact that an agency relationship did not exist between the municipal defendants and the tortfeasor at the time of the motor vehicle accident with Plaintiff.The vehicle being driven by James Smith, a volunteer firefighter with the Old Saybrook Fire Company No. 1, Inc., collided with a motorcycle being driven by Plaintiff. In this action, Plaintiff alleged that the fire company and the town were vicariously liable for Smith's negligence. The municipal defendants moved for summary judgment claiming that Smith was not acting within the scope of his employment with the fire company at the time of the accident because he had left the firehouse and was on his way home. The trial court granted the motion. The Appellate Court affirmed. The Supreme Court affirmed, holding that there was no genuine issue of material fact that Smith was not acting within the scope of his employment at the time of the accident, and therefore, the municipal defendants could not be held vicariously liable for Smith's negligence as a matter of law. View "Fiano v. Old Saybrook Fire Co. No. 1, Inc." on Justia Law