Motorists brought action against county for negligence and negligence per se for injuries suffered when deputy sheriff rear-ended their vehicle while he was driving a vehicle owned by the county.
The Superior Court granted county’s motion to dismiss for failure to state a claim. Motorists appealed. The Court of Appeals affirmed. The Supreme Court granted review.
As matters of first impression, the Supreme Court held that:
- County was not liable under the doctrine of respondeat superior for any negligence of deputy in rear-ending motorists’ vehicle;
- When duties are imposed upon a county sheriff by law rather than by the county, the latter will not be responsible for their breach of duty or for their nonfeasance or misfeasance in relation to such duty; and
- Sheriff was the public entity with whom a notice of claim could have been filed.