Gail D. Konradi, Personal Representative of the Estate of Glenn J. Konradi v. United States of America and Robert E. Farringer

The majority opinion examines several scenarios of what might have occurred. As with any summary judgment appeal, however, we examine one question — is there any genuine issue as to any material fact that precludes summary judgment as a matter of law? In my view there may be one, and thus I am willing to concur in the remand.

Indiana law is clear that, with very limited exceptions, an employee is not within the scope of his employment while driving to and from work. The facts in this case present fewer “incidental benefits” than the facts of the Indiana Supreme Court case setting forth this…