Perez v. Van Groningen & Sons, Inc.

Opinion

REYNOSO, J.

When a tractor operator is performing his normal task of disking, but has invited an unauthorized rider onto the tractor, is he still acting within the scope of employment? The answer is “yes.”

In this personal injury action, plaintiff Modesto Perez, the rider of the tractor, appeals from a judgment entered on a jury verdict in favor of defendant, Van Groningen & Sons, Inc. Perez contends that the trial court erred in refusing to instruct the jury as a matter of law that Van Groningen’s employee, the tractor driver, was acting within the scope of his employment at the time of…