Upton v. Gensco, Inc.

OPINION

LIVINGSTON, Justice.

This is an appeal from a summary judgment for appellee Gensco, Inc. 1 The trial court concluded that appellee’s employee, Tom McGraw, was not in the course and scope of his employment when he became involved in an automobile accident with appellant Patricia Upton. Based on this conclusion, the trial court granted appellee’s motion for summary judgment and denied appellant’s motion for summary judgment. In two points on appeal, appellant challenges these rulings, contending the evidence shows that McGraw was in the course and scope of his employment.

McGraw was a…