RED TOP CAB COMPANY, INC. v. Hyder

Quillian, Judge.

The appellee filed a claim against the appellant for damages which the appellee sustained as the result of an automobile collision. The petition alleged that James Wilson negligently drove an automobile into the rear of the appellee’s automobile and that Wilson was an employee of the appellant at the time of the collision and that Wilson was acting within the scope of his employment. The appellant filed a motion for summary judgment which was denied and the case is here for review. Held:

The appellant filed an affidavit which stated that Wilson was in effect an independent…