John O'Shea v. Anthony J. Welch, and American Drug Stores, Inc., Doing Business as Osco Drug, Farmers Insurance Company, Inc., Defendant-Intervenor

McKAY, Circuit Judge.

Appellant filed a claim in the district court for damages against Defendant Welch 1 based on negligence after Appellant sustained injuries when the car that he was driving was struck by a car driven by Mr. Welch. In his complaint, Appellant alleged that Mr. Welch, an Oseo employee, was acting within the scope of his employ ment at the time of the accident. Appellant sought to hold Oseo liable for damages under a theory of respondeat superior.

Appellant’s version of the facts on summary judgment are as follows. At the time of the accident, Mr. Welch was an Oseo store…