Smithey v. Hansberger

OPINION

RYAN, Judge.

In this appeal, we consider whether a worker who voluntarily drove a van that was part of an employer-provided van pool was acting in the scope of his employment. We conclude that he was, and thus affirm the trial court’s decision precluding employees injured in an accident while passengers in the van from suing that co-worker for damages.

FACTS AND PROCEDURAL HISTORY

On March 22, 1994, appellee Robert Hans-berger, an employee of Arizona Public Service (“APS”), was driving an APS van with six other APS employees as passengers when the van was involved in a single vehicle…