United States Tenth Circuit

In a personal injury action arising out of a truck accident, judgment for plaintiff is affirmed where: 1) although the driver ingested methamphetamine while driving, this did not remove her from the scope of her employment; 2) under the doctrine of respondeat superior, defendant was liable for all the negligent behavior of its employee, which included violations of the Federal Motor Carrier Safety Regulations; and 3) even if New Mexico were to adopt defendant's proposed rule, the court's instruction would have been proper in light of the rule’s exception for punitive damages.

Appellate Information

• Decided 08/10/2010
• Published 08/10/2010

Judges

• Monroe C. McKay

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• James R. Jarrow, Lynn R. Johnson