Gilborges v. Wallace

Generally, an employer is not liable for harm caused by an employee in the use of a vehicle owned by the employer when the use is not within the employee's scope of employment. Gilborges v. Wallace, 78 N.J. 342, 351, 396 A.2d 338 (1978). Liability for the employer is only appropriate if the vehicle is being used by the employee "for the purpose of advancing the employer's business or interests, as distinguished from the private affairs of the employee." Ibid. But there may of course be dual purposes. Thus, when an employee is acting in furtherance of his own interests and those of the employer, the employer is subject to liability. Ibid.