W. M. W., Inc. v. Collier

Carley, Judge.

Appellee sued appellant and one Tod Freeman for damages allegedly arising out of a collision between appellee’s motorcycle and an automobile owned by appellant and driven by Freeman, who was an employee of appellant at the time of the collision. Recovery against appellant was sought on the theory of respondeat superior. Appellant moved for summary judgment on the ground that Freeman was not acting within the scope of his employment when the collision occurred. Appellant’s motion was denied. The trial court certified its order for immediate review, and this court granted…