Jolly v Marquer [1973] JJ 2349 (02 April 1973)

Jolly v Marquer [1973] JJ 2349 (02 April 1973)

The doctrine of common employment has never been applicable in Jersey; therefore, the employer is liable for negligent injury to an employee passenger in the employer's vehicle driven by another employee during an authorized refreshment break.

Citation
[1973] JJ 2349
Parties
Plaintiff: Jolly; Defendant: Marquer
Jurisdiction
Jersey
Judgment Date
02 April 1973
Procedural Posture
Civil / Judgment
Outcome
employer held liable
Legal Topics
Common Employment Doctrine, Employer Liability, Negligence
Employment Law Tort Law Common Employment Doctrine Employer Liability Negligence

Case Brief

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Parties

Jolly

Plaintiff

Marquer

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether the doctrine of common employment applies in Jersey
  2. 2 Whether an employer is liable for negligent injury to an employee caused by another employee during an authorized break

Ratio Decidendi

The doctrine of common employment has never been applicable in Jersey; therefore, the employer is liable for negligent injury to an employee passenger in the employer's vehicle driven by another employee during an authorized refreshment break.

Court Disposition

employer held liable