Thies v. Cooper

The opinion of the court was delivered by Under the authority of the Uniform Certification of Questions
of Law Act, K.S.A. 60-3201 et seq., the United States
[243 Kan. 150]
District Court, Wichita, Kansas, asks: whether, under Kansas law,
an employer who makes available free cereal malt beverages in
uncontrolled amounts to its employees on the employer's premises
may be held liable for all foreseeable consequences of its acts
and omissions, including torts committed by employees while
driving home from the workplace in an intoxicated condition. We
conclude: An employer is liable for the tortious acts of his
employee only under special circumstances. Special circumstances
exist when the employee is on the employer's premises, performing
work for the employer, or using the employer's chattel, when the
employer voluntarily assumes a duty to control the employee, or
when the employer negligently retains a known incompetent or
unfit employee. Absent special circumstances, an employer owes no
duty to a third party for tortious acts of an employee who, after
consuming alcohol on the employer's premises, leaves the
employer's premises and, while off duty, injures a third party.
The answer to the certified question is, "No."