Melanie Jones, individually and on behalf of Matthew H. v. Shavonna Rachelle Windham, et al.

This Rule 10 appeal stems from a vehicular accident involving a minor child who was struck by a van driven by the employee of a children's daycare. The child's mother filed suit alleging negligence against the employee-driver of the vehicle and asserted claims for negligent hiring, negligent retention, and negligence per se against the driver's employers. The mother also averred that she should recover punitive damages based on the conduct of the Defendants. The employers, the individual owners of the daycare, admitted vicarious liability for the negligence of their employee and moved for partial summary judgment on the direct negligence claims asserted against them. They argued that it was improper to proceed against them on an independent theory of negligence when they had already admitted vicarious liability. The employers, along with the employee-driver, also sought summary judgment with respect to the punitive damages claim. Although the trial court granted the employers' motion with respect to the direct negligence claims, it denied the motion with respect to the claim for punitive damages. On appeal, we reverse the trial court's dismissal of the direct negligence claims asserted against the employers and remand the case for further proceedings consistent with this Opinion.