Summary Judgment Denied on Vicarious Liability Issues in Shooting Case

In his recent Opinion in the case of Rogers v. Thomas, No. 12-CV-1464 (C.P. Lacka. Co. July 18, 2016 Nealon, J.), Judge Terrence R. Nealon of the Lackawanna County Court of Common Pleas denied Motion for Summary Judgment in a shooting case on issues of whether or not a father and the father’s sporting goods business was vicarious liable for a shooting death caused by the father’s son as a result of a fatal shooting.  

The court found issues of fact precluding the entry of summary judgment against the father and/or the sporting goods business Defendants.  

This Opinion provides a thorough review of the law pertaining to vicarious liability for criminal acts of third persons in the employment of others.  

The Opinion also reviews the parameters under which information gathered a deposition in which the shooter Defendant repeatedly asserted his Fifth Amendment privilege against self-incrimination in support of a Motion for Summary Judgment.  

Anyone wishing to review this decision by Judge Nealon may click this LINK.