Ten Brink v. Mokma

The trial judge granted defendant Continental Securities Company, Inc.’s motion for summary judgment filed pursuant to GCR 1963, 117.2(3) on the basis that defendant Molona, an employee of Continental, was not within the scope of his employment at the time of the accident, hence the employer was not liable. On leave granted, plaintiffs appeal.

The sole issue is whether as a matter of law defendant Mokma was not within the scope of his employment at the time of the accident.

Defendant Mokma was employed by Continental at, and for some time prior to, the time of the accident. His place of…