Creekmore v. Horton & Horton, Inc.

TUNKS, Chief Justice.

Audrey L. Creekmore, as plaintiff in the trial court, sued Tracie D. Pearman, Jr. and Horton and Horton, Inc. for personal injuries sustained when the car she was driving was struck by a car being driven by Pearman. At the time of the collision Pear-man was employed by Horton and Horton, Inc. and the car he was driving belonged to the employer. Horton and Horton, Inc. moved for summary judgment upon the ground that the evidence showed as a matter of law that Pearman was not acting within the scope and course of his employment at the time of the collision. The trial court…