If the pedestrian sues your company can there be a recovery for the injury?

This is a classic law school hypothetical. It tests the general proposition that an employer is liable for the tortious acts of its employees when those acts are committed in the course and furtherance of the employee's job. There is an exception to this rule that the employer is not responsible for employees' acts that constitute a "frolic and detour." Actual results may vary under state law. The employer in this case will argue that it was not within the course and furtherance of the employee's job to steal. However, in this case, only the "stealing" part of the employee's actions was outside of his job duties; driving and delivering raw material apparently was within his duties. In order to place the burden of this accident on the right party, a court could allow the injured pedestrian a recovery against the employer. Again, state law governs, and your mileage may vary.