Cameron v. Osler

Summary

The South Dakota Supreme Court held that a plaintiff may pursue a vicarious-liability claim against an employer even after the employee has been dismissed from the action as a result of untimely service or an expired statute of limitations. The dismissal was procedural and did not adjudicate the employee’s culpability or constitute a release. The court reversed the circuit court’s dismissal of the claim against Waste Connections.

Holdings

1. A purely procedural dismissal of the employee that does not adjudicate the employee's culpability does not automatically eliminate a timely vicarious-liability claim against the employer.

Questions Presented

1. Whether a plaintiff may maintain a vicarious-liability action against an employer when the employee has been dismissed because the statute of limitations expired or service was untimely, without an adjudication of the employee's culpability.
2. Whether the dismissal of Osler precluded Cameron from proceeding against Waste Connections under respondeat superior.

Disposition

reversed