Vicarious Liability for Employee Tortious Act

A plaintiff sued a defendant for damages following a collision where the defendant's vehicle, allegedly driven by an employee acting within the scope of employment, struck the plaintiff's property, asserting liability based on vicarious responsibility under the terms of an applicable civil code article concerning the responsibility of employers for the acts of their servants. The court rejected the appeal, affirming the lower court's decision, on the grounds that the mere existence of a relationship between the defendant and the driver, such as an employment contract, is insufficient, by itself, to establish the necessary legal presumption of responsibility for the tortious act, requiring proof that the driver was indeed acting under the specific mandate or direction of the employer at the time of the accident.