Keating v Goldick and Lapp Essay. Law Assignment.

Keating V Goldick & Lapp
Student Name
Institution Affiliation
Overview of the Case Keating v. Goldick & Lapp Roofing and sheet Metal Company Inc.
Lapp Roofing and Sheet Metal Company is a company based in Dayton Ohio and provides construction services in several regions around the US. As such, on the fateful day, the company had sent James Goldick and other employees to offer roofing services in Wilmington, Delaware. The company has a strict policy that prohibits its employees from using its vehicles for personal uses and errands. With that, Goldick was entrusted as the foreman for that job and given a van to assist with the movements in the region. However, contrary to company policy, Goldick and other employees while in Wilmington went for alcoholic drinks at a local bar and got involved in some altercation that saw them thrown out much to their discontent. Goldick then out of anger drove the company van into the enclosement in front of the bar consequently injuring about 9 people. Goldick was subsequently stopped and arrested by the police and he pleaded guilty to the charges of criminal assault. Christopher Keating who was among the individuals injured from accident sued Goldick and Lapp Roofing. The company defended itself with the guise that it was not liable for Goldicks’ negligent misconduct that was done outside his employment space (Cheeseman, 2019). The primary issue was whether Goldick’s negligent misconduct was committed within the scope of his employment.
Was Goldick's negligent conduct committed within the scope of his employment, making Lapp Roofing liable?
Scope of Employment: According to Legal Match Law Library (2020), “scope of employment means actions or activities which an employee undertakes completely for the business of the employer and not intended for his personal usage”. The concept of scope of employment is vital in the understanding of a principal-agency relationship. It assists in determining and gauging an employer’s liability in ...