Religious Organization Vicariously Liable for Negligence of Volunteer Under Agency Theory

The Third Department affirmed Supreme Court’s finding that a volunteer [Strimling] was an agent of the defendant [Gateway], a corporation hosting a religious event, such that the defendant was vicariously liable with respect to an automobile accident involving the volunteer:

A  principal-agent relationship can  include a volunteer when  the requisite conditions, including control and  acting on  another’s behalf, are shown … .Gateways was  operating a program  where  it expected  700  to 800  attendees, who each paid $700 to attend.  Strimling’s fee to attend was waived  as it had  been  previously and, with his fee waived, he helped with various tasks that had to be accomplished to run the event. Strimling’s responsibilities included  arriving early to help set up, and  he was  supposed to remain after the event to pack up items for the return trip. Strimling referred to his responsibilities as work and  a job, reflecting his understanding of control by Gateways. Although he was not paid directly by Gateways, his $700 fee was waived and one of the individuals from Gateways in charge of the event also gave him $200. There was proof that the accident occurred when an individual who had authorized Strimling’s free attendance realized that two-way radios were needed and Strimling was summoned from his room to go to a store to purchase such items. Strimling was given a Gateways’ credit card and embarked on  a trip to a store solely to purchase the requested items for Gateways when  the accident occurred. He did so despite the fact that the timing of the request created a significant likelihood that Strimling would be put in the difficult position of traveling at a time of the evening that was prohibited by his religious beliefs. The proof sufficiently supports Supreme Court’s decision.  Paterno v Strimling…, 515978, 3rd Dept, 6-13-13