Plaintiff v. Defendant Company (Vicarious Liability for Negligence)

A plaintiff, injured when a vehicle driven by an employee of the defendant company struck their own, sued for damages, claiming the driver's negligence, but the lower court dismissed the claim, finding that the evidence did not sufficiently establish the employee's fault or the employer's liability. The high court upheld the dismissal, reasoning that the burden of proving the facts establishing the liability of the driver and, consequently, the vicarious liability of the employer, rested upon the plaintiff, and since the lower court had determined that the necessary factual basis for establishing fault and responsibility was not sufficiently proven by the evidence presented, there was no error in the dismissal of the action.