Can we keep the employee in the case or should we dismiss?
I have a case against a city and its employee in a car wreck. we sued the city and the employee individually. City admits employee was in course and scope of employment and filed motion to dismiss with prejudice the employee, citing GTCA and case law. Can we keep the employee in the case or should we dismiss?
Answer: The employee’s personal coverage will attach to the city, his employer. The policy will define 3 categories of insured: (1) named insured and member of household, (2) permissive users and (3) person’s legally responsible for the actions of insureds in the first two categories. Just dismiss the employee and proceed against the city.
Posted on Sat, September 19, 2009
by Sharon Coleman