Hard Driving Employer Not Liable for Exhausted Employee’s Tort

In Riley v. Keenan, the plaintiff was injured by a sleepy, drunk driver. The plaintiff sued the driver’s employer, claiming that the employer overworked the driver to the point of exhaustion and was thus responsible for the happening of the accident. The court threw out the claim, noting that the driver was not acting within the scope of his employment at the time of the accident. The court added that the driver’s choice to drink was an intervening act that broke any connection between work fatigue and the accident. www.judiciary.state.nj.us/opinions/a6054-06.pdf