MADSEN v. SCOTT

No. 17211.

963 P.2d 552 (1998)

125 N.M. 475

1998-NMCA-092.

Ronald Dale MADSEN and Terrisa Ruth Madsen, individually and as Personal Representatives of the Estate of Jason Madsen, Deceased, Plaintiffs-Appellants, v. Shawn D. SCOTT, Defendant-Appellee.

Court of Appeals of New Mexico.

Certiorari Granted July 7, 1998.


Attorney(s) appearing for the Case

Steven L. Tucker, Tucker Law Firm, P.C., Santa Fe, for Plaintiffs-Appellants.

Robin E. Sabin, Victoria Davis Armstrong, Atwood, Malone, Turner & Sabin, P.A., Roswell, for Defendant-Appellee.


OPINION

PICKARD, Judge.

{1} This case requires us to consider under what circumstances a housesitting arrangement will create an employer-employee relationship such that a homeowner may be held vicariously liable for the negligent acts of the housesitter. As a related issue, we consider whether an employee's failure to act can be an omission occurring within the scope of employment.

{2} Plaintiffs brought suit seeking damages for the injury...

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