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Zittrain Torts Playlist Spring 2013

Konradi v. United States

While driving to work, defendant’s employee—a rural mailman—strikes the car of the plaintiff and kills him. This case contemplates whether an employee can be within the scope of his employment while commuting, and under what particular circumstances. The court also uses an alternative definition of “scope of employment”, by considering to what extent employer liability would create beneficial (safer) changes in employee activity.