Gene William Cheshire v. Pearl Putman Alexander Akins, a Minor, by and Through His Legal Guardian and Parent, Steve…

Summary

The court affirmed the judgment imposing vicarious liability on Allstate Electric because substantial evidence supported that Cheshire was acting within the course and scope of his employment while traveling home in a vehicle for which the employer supplied gasoline. It reversed the denial of judgment as a matter of law on the wantonness claims because the evidence showed, at most, an error in judgment and did not clearly and convincingly establish conscious culpability. The punitive-damages awards were therefore set aside, and the case was remanded for the trial court to determine whether a new trial should be granted on the remaining issues. Justice Murdock, concurring in the result, questioned the general applicability and breadth of the transportation-expense exception in third-party respondeat-superior cases.