Alms v. Baum Case Brief Summary under vicarious liability one party can be held liable for another’s torts not because the vicariously liable party did anything wrong but because of a special relationship, with the tortfeasor the illinois appellate court explored vicarious liability in the case of alms versus bomb stephen berger susan, delante and daniel baum were volunteer workers and camp leaders at a summer camp for children with, cancer operated by ronald mcdonald house camp volunteers received no compensation except reimbursement of certain expenses on the night of friday june 6 1997 the camp held a mandatory organizational meeting. That immediately preceded an equally mandatory weekend orientation session before the start.
Of camp the friday meeting ended at about 9 30 at which time all official camp business concluded for the day after, the meeting berger delante and baum decided to go to a local sports bar for drinks the camp had no formal policy against drinking after, the friday meeting the three stayed at the bar for about two hours burger and bomb drank and watched basketball while delantey worked on camp business baum.
Had five beers once the three, were done at the bar they decided to leave in baum’s two-seater sports car bomb drove and delanty sat on burger’s, lap while turning a curve bomb lost control of the car in the ensuing accident berger died and delanty was permanently injured in illinois, state court delantey and david alms administrator of burger’s estate sued both bomb and ronald mcdonald house on 16 counts including negligence and wrongful, death the plaintiffs didn’t accuse ronald. Mcdonald house of direct wrongdoing rather they asserted that ronald mcdonald house was vicariously liable for bomb’s tortious conduct, the trial court granted summary judgment for ronald mcdonald house berger’s estate and delante appealed to the illinois appellate court you .
