Voinche v. Capps

AMY, Judge.

| ¶ After Nickie Voinche1 died as a result of a motor vehicle accident allegedly caused by Joseph Beaud Capps, Mr. Voinche’s heirs brought this wrongful death and survival action. The instant issue concerns a motion for summary judgment filed by Mr. Capps and his insurer, seeking a determination that he was in the course and scope of his employment at the time of the accident. Charles Beaud, one of Mr. Capps’ purported employers, filed a cross motion for summary judgment seeking a determination that he was not Mr. Capps’ employer and to be dismissed from the case. The trial court…