Cameron v. Osler

930 N.W.2d 661 (2019)

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Nature of the Case

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Facts

P and D were in an automobile accident on September 23, 2014. D was operating a vehicle owned by his employer, Waste Connections (D). On August 29, 2017, P filed a summons and complaint against only D. D was never served with the summons and complaint because he could not be located. The suit against D was ultimately dismissed. Shortly before the statute of limitations expired on her claim, she filed an amended summons and complaint naming Waste Connections (D) on a claim of vicarious liability based on D's negligence. Waste Connections (D) asserted the statute of limitations as a defense. Waste Connections (D) filed a motion to dismiss, arguing that it could not be held vicariously liable for D's conduct because D had been adjudicated not negligent based on the suit being dismissed against him with prejudice. P claimed Waste Connections (D) was not a necessary party and that all she needed only to prove was that D acted negligently and did so within the scope of his employment, not that D could be held personally liable. The court granted Waste Connections' (D) motion to dismiss. P appealed.