WPI 50.04 Both Principal and Agent Sued—No Issue As to Agency or Authority
6 WAPRAC WPI 50.04Washington Practice Series TMWashington Pattern Jury Instructions--Civil
6 Wash. Prac., Wash. Pattern Jury Instr. Civ. WPI 50.04 (7th ed.)
Washington Practice Series TM
Washington Pattern Jury Instructions--Civil
April 2022 Update
Part VI. Agency and Partnership—Torts
Chapter 50. Agency and Partnership—Torts
WPI 50.04 Both Principal and Agent Sued—No Issue As to Agency or Authority
(Name of principal)and(name of agent)are sued as principal and agent.(Principal's name)is the principal and(agent's name)is the agent. If you find(agent's name)is liable, then you must find that(principal's name)is also liable. However, if you do not find that(agent's name)is liable, then(principal's name)is not liable.
NOTE ON USE
For the scope of this instruction, see WPI 50.00 (Introduction).
This instruction may be used if it fits the issues in the case or may be adapted to fit the facts of the case. If a more general instruction is needed, see WPI 50.01 (Agent and Principal—Definition), WPI 50.02 (Agent—Scope of Authority Defined), WPI 50.02.01 (Agent—Scope of Apparent Authority Defined), and WPI 50.03 (Act of Agent is Act of Principal). See WPI 50.00 (Introduction).
Do not use this instruction if the fact of agency is in issue. If agency is denied and both principal and agent are sued, use WPI 50.06 (Both Principal and Agent Sued—Agency or Authority Denied). If agency is denied and the principal only is sued, use WPI 50.07 (Principal Sued But Not Agent—Agency or Authority Denied).
The last sentence of the instruction will need to be modified for any case in which there is a basis for imposing liability on the principal other than vicarious liability. See discussion in the Comment.
COMMENT
The principal is liable for the negligence of the agent. See Comment to WPI 50.03 (Act of Agent is Act of Principal).
A verdict exonerating the agent also exonerates the principal of vicarious liability arising from the acts of the agent. Brink v. Martin, 50 Wn.2d 256, 258, 310 P.2d 870 (1957); Hansch v. Hackett, 190 Wash. 97, 102, 66 P.2d 1129 (1937); Morris v. Nw. Imp. Co., 53 Wash. 451, 453, 102 P. 402 (1909).
If there is some other basis for holding the employer liable for the employer's own acts, such as the negligent supervision of employees, the employer will not necessarily escape all liability. See, e.g., Niece v. Elmview Grp. Home, 131 Wn.2d 39, 48, 929 P.2d 420 (1997) (an employer's liability under respondeat superior is “entirely independent” of actions for negligent hiring, retention, and supervision).
[Current as of November 2021.]
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