Spencer v. V.I.P., Inc., 2006 ME 120

Summary

The Maine Supreme Judicial Court vacated a summary judgment for V.I.P., Inc., holding that genuine issues of material fact existed as to whether its employee was acting within the scope of employment while traveling home from a company-sponsored event. The court remanded for further proceedings concerning potential vicarious liability.

Holdings

1. Under Maine law, an employer is vicariously liable for an employee's conduct only when the conduct occurs within the scope of employment. Conduct is within the scope of employment when it is of the kind the employee is employed to perform, occurs substantially within authorized time and space limits, and is actuated at least in part by a purpose to serve the employer.
2. Summary judgment for V.I.P. was improper because the statements of material facts and referenced evidence revealed genuine issues of material fact as to whether Laliberte's travel was part of a task he was employed to perform, occurred within authorized time and space limits, and was actuated at least in part by a purpose to serve V.I.P.

Questions Presented

1. Whether genuine issues of material fact existed as to whether Laliberte's travel to and from the Oxford Plains Speedway occurred within the scope of his employment.
2. Whether V.I.P., Inc. was entitled to summary judgment on the issue of vicarious liability.

Disposition

vacated