Ovecka v. Burlington Northern Santa Fe Railway Co.

OPINION

KENNEDY, Judge.

{1} Plaintiffs appeal from the district court’s grant of summary judgment in favor of Defendant Burlington Northern Santa Fe Railway Company (BNSF) on Plaintiffs’ claims of vicarious and direct liability for negligence. Plaintiffs’ daughter, Angela Ovecka, was killed in an automobile collision with BNSF’s employee, Kenneth Long. Long was highly intoxicated at the time of the accident. Both factually and procedurally, Long had “left” his employment on the afternoon preceding the collision, though he was scheduled to work the following morning. Applying our standard of…