When is a church or religious denomination legally responsible for the acts of a pastor?
This difficult question was addressed by the Kansas Supreme Court in a significant decision. Here are the facts. A Catholic priest injured the occupants of another vehicle while driving his car in an allegedly negligent manner. At the time of the accident, the priest was on his way to visit a friend, and was driving a car that he both owned and insured. The accident victims sued the priest’s diocese on a theory of “respondeat superior.” Under the respondeat superior doctrine, an employer is responsible for the misconduct of employees that occurs within the scope of employment. It is based on the policy that employers should be accountable for injuries caused by persons whom they have a right to control. Three conditions are required to hold an employer responsible under principle of respondeat superior: (1) the worker causing the injury is an employee and not self-employed; (2) the worker caused the injury while acting within the scope of his or her employment; and (3) the worker cause
