Philadelphia Partner Eric Rosenberg, Partner Catherine Slavin, and Senior Counsel Christina Rogers-Spang recently obtained summary judgment on behalf of the firm's client, a tree service.
The case surrounded an accident in which a tree service employee, traveling home from work, was involved in a collision less than half a mile from his place of employment, resulting in the death of another driver.
The employee, who was undocumented, had been hired as a laborer to perform tree-cutting services. The employee did not have a Pennsylvania driver’s license and fraudulently obtained tags, title, and insurance for his personal vehicle. The employee drove to work but was not hired to drive a motor vehicle nor was he required to drive to job sites in his personal vehicle, which he parked in the employer’s lot during the workday.
Family members of the other driver filed suit against the tree service, two insurance brokers, and a title and tag agency, alleging that the tree service knew or should have known the employee was undocumented and did not have a valid driver’s license. The defendants filed motions for summary judgment, with the tree service arguing that allowing the negligence claim would expand tort liability under Pennsylvania law, impose obligations on employers that conflict with federal immigration and privacy laws, and potentially override state tort liability by basing the claim on an alleged I-9 violation.
The tree service received summary judgment, with the court determining that the undocumented employee was outside the scope of employment when the accident occurred. The court ruled that an employer providing a parking spot and not requiring a driver’s license during the hiring process were not enough to support a negligence claim against the employer.