Denke v. Shoemaker, 2008 MT 418 (2008)

Citation: Denke v. Shoemaker, 2008 MT 418 (2008)
Parent Document: Denke v. Shoemaker, 2008 MT 418 (2008)
Jurisdiction: Montana (state)
Effective Date: 2008-12-16
Original Source: https://www.courtlistener.com/opinion/888205/denke-v-shoemaker/ ↗

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¶74 An employer is liable for the acts of an employee only when the employee is acting “within the scope of his or her duties to the employer.” Bowyer v. Loftus, 2008 MT 332, ¶ 8, 346 Mont. 182, ¶ 8, 194 P.3d 92, ¶ 8; see also Kenyon v. Stillwater County, 254 Mont. 142, 146, 835 P.2d 742, 745 (1992) (“Governmental entities in Montana are subject to liability for their own wrongful conduct and that of their employees acting within the scope of their duties.” (citing § 2-9-102, MCA)). Whether an act was within the scope of employment is generally a question of fact; however, it is a question of law for the court when only one legal inference may reasonably be drawn from the facts. Bowyer, ¶ 8. Based on these principles, the relevant questions are (1) whether Shoemaker was an employee of the City in January 2000 and (2) whether his actions occurred within the scope of his employment.

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