Wilson v. Joma, Inc.

MOORE, Justice.

We address the so-called “dual purpose” rule regarding the potential liability of an employer for the off premises tortious acts of an employee during a lunch hour. The Superior Court granted summary judgment to the defendant Joma, Inc., holding that when the plaintiff, Carl L. Wilson, was injured by a Joma employee during the latter’s lunch break, the employee was not acting within the course and scope of his employment. Because we conclude that there are material disputes of fact on this issue, the judgment of the Superior Court must be reversed.

I

James DeMaio was a full-time…