Pearce v. Lott

ALLEN, Judge.

The appellant challenges a judgment entered for the Department of Management Services (DMS) in a negligence action where the appellant was seeking damages in connection with the operation of a motor vehicle by a DMS employee. We conclude that the court gave the jury an improper instruction regarding whether the employee was acting within the course and scope of the employment at the time of the incident, as a basis for determining DMS’ possible liability.

The appellant’s action was predicated on allegations that the DMS employee negligently operated a motor vehicle which collided…