Louisville/Jefferson County Metro Government v. Betty Braden, Individually and as Administratrix of the Estate of Don W. Braden, et al. , 2015-CA-001238, 519 S.W.3d 386 (Ky.App.2017)

The Court of Appeals in this case determined that the Claims Against Local Governments Act (CALGA) does not obligate local governments to defend or indemnify employees for actions outside the scope of their employment. Bill Orberson and Tricia Le Meur represented Louisville Metro in this matter stemming from a motor vehicle accident in which an off-duty police officer was operating a police take-home vehicle. Pursuant to the agreement governing use of the take-home vehicle, the City provided $100,000 in liability coverage for the officers’ off-duty vehicle use. The Circuit Court granted summary judgment in favor of the plaintiffs, holding that the officer’s off-duty compliance with standard operating procedures (SOPs) brought him within the scope of employment and triggered the City’s duty to provide unlimited indemnification pursuant to CALGA. The Court of Appeals reversed, holding that this was an untenable expansion of Louisville Metro’s duties, in contravention of clear statutory language. It specifically rejected the contentions that officers participating in a take-home vehicle program always act within the scope of their employment, no matter how personal their off-duty actions or how miniscule the benefit to their employer. The Court of Appeals remanded the case with instructions to enter judgment in favor of Louisville Metro.