Discussion: Respondeat Superior

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Respondeat Superior ("Let the master answer") is a legal doctrine where an employer is liable for the tortious conduct of its employees or agents while the employees or agents are acting within the scope of the employer's authority or acting within the scope of their employment.

Consider this scenario:

Diamond Matthews was in a Food Lion grocery store restroom when she was knocked over by an employee rushing into the bathroom. Matthews had to go to the hospital for treatment. She sued Food Lion, alleging the store was liable.

Food Lion said it was not responsible because its employee had already clocked out and was merely heading to the restroom before going home.

Here is a link to the case:http://caselaw.findlaw.com/nc-court-of-appeals/1530519.html

1. Do you think the employee was acting within the scope of her employment at the time of the accident?

2. What kinds of factors should a judge or jury consider in reaching their decision?