QUESTION
Can I sue an employee personally for negligence rather than the employer.
Asked on Dec 11th, 2014 on Litigation - Colorado
More details to this question:
I have monetary injury from the negligent actions of a bank employee. I want to sue the employee, NOT THE BANK. I had a magistrate dismiss the case because he claimed I have to sue the BANK not the employee and that employees cannot be sued. I will appeal to a judge but I need some authority to overcome this ludicrous result.
1 ANSWER
It is not ludicrous. The employee owes you no duty in his/her personal capacity. It is the bank, on whose behalf the employee was acting when he/she acted negligently, which owes you a duty. The bank, in turn, can, if it wishes, seek to recover from the employee if it has to pay you, because, as its employee, he/she owed a duty to it.
Answered on Dec 12th, 2014 at 9:07 AM