Bailey v. Filco, Inc.

Opinion

DAVIS, J.

Plaintiff David C. Bailey (Bailey) was injured in an automobile accident with Carolyn Shinn (Shinn), an employee of defendant Pilco, Inc. (Pilco), a retail business engaged in the sale and rental of electronic goods and appliances. Bailey sued Pilco under a theory of respondeat superior. At the time of the accident, Shinn was on a paid break and was driving to obtain some cookies to eat back at work. The jury found that Shinn was not engaged within the scope of her employment at the time of the accident, and the court entered judgment for Pilco. On appeal Bailey contends that…