International Business MacHines, Inc. v. Bozardt

Carley, Judge.

This is a wrongful death action in which appellant, International Business Machines, Inc. (IBM) is only one of several defendants. Appellee-plaintiffs decedent was struck by an automobile being driven by IBM’s co-defendant Henner, an employee of IBM. Appellee’s complaint alleges that Henner was an employee of IBM and was acting within the scope of his employment at the time and place of the concerned incident. IBM, relying upon Henner’s deposition and answers to appellee’s interrogatories, moved for summary judgment on the grounds that at the time of the concerned incident…