Durbin v. BW Capps & Son, Inc.

Forrester L. Durbin appeals from a summary judgment in favor of defendant, B.W. Capps Son, Inc., which was made final pursuant to Rule 54(b), Ala.R.Civ.P. We affirm.

Durbin was injured when his vehicle ran into the rear of a farm tractor pulling a mowing machine (referred to in the record by the brand name "Bush Hog") on a public highway in Russell County, Alabama. Defendant Rev. Elbrey W. Herring was operating the tractor, which was owned by defendant B.W. Capps Son, Inc. The corporate defendant's liability was predicated solely on the doctrine of respondeat superior. The corporate defendant…