McKee Foods Corp. v. Lawrence

McFadden, Judge.

Jerry Lawrence and his wife sued Terry Lee Carswell, Carswell’s snack distribution company, and McKee Foods Corporation for damages sustained when Carswell’s delivery truck collided with a vehicle driven by Lawrence. With respect to McKee, the Lawrences alleged vicarious liability for Carswell’s negligence. McKee moved for summary judgment, arguing that neither Carswell nor his company was a McKee agent or employee, undermining the vicarious liability claim. The trial court denied the motion, and we granted McKee’s application for interlocutory appeal. Because the evidence…