Johnson v. Medlin

Benham, Judge.

Appellant brought suit for damages arising from a collision involving a vehicle owned by DeArmon Datsun, Inc. (“DeArmon”) and driven by Medlin, an employee of DeArmon. Supported by an affidavit from Medlin swearing that on the occasion of the collision he was on a purely personal mission and was not acting in the scope of his employment, DeArmon moved for summary judgment, the grant of which is the subject of this appeal.

Appellant’s claim that DeArmon is liable under the theory of re spondeat superior is based on DeArmon’s ownership of the car and Medlin’s employment by DeArmon.…