Nichols v. Land Transport Corp.

LIPEZ, Circuit Judge.

Robert Nichols brought this diversity action in the district court for the District of Maine to recover for personal injuries he suffered in a “road rage” attack by Oscar Gonzalez, a truck driver employed by Land Transport Corp. The parties consented to proceed before a magistrate judge, who granted Land Transport’s motion for summary judgment, concluding that under Maine law Gonzalez was not acting within the scope of employment when he attacked Nichols.

We review a summary judgment de novo, viewing the record in the light most favorable to the nonmoving party to…