Municipality Employee's Personal Liability for Tort Immunity

A claimant, who was injured in a traffic accident caused by a vehicle owned by a municipality and driven by an employee acting within the scope of their duties, sued the employee for damages, but the lower court dismissed the claim against the employee, finding the employee solely responsible but absolving them based on a statutory immunity provision concerning state agents acting in the line of duty. The highest court quashed the decision, reasoning that while the employer (the municipality) could be held strictly liable under vicarious liability principles, the employee, as the direct tortfeasor, could not benefit from the immunity intended solely to protect the public entity itself, thus affirming the employee's personal civil liability for the damage caused.