Burks v. Whalen

The opinion of the court was delivered by

Foth, C.:

The issue presented to the trial court was whether the driver of a truck was using it with the implied permission of his employer at the time he was involved in a collision, so as to bring his use of the truck within the coverage of the “omnibus clause” of the employer’s liability insurance policy.

The suit originated as one against both John P. Whalen and Field Queen, Inc., his employer and owner of the truck, for damages sustained by plaintiffs as a result of the collision. On motion for summary judgment it was determined that Whalens…