Kimble v. Pepsi-Cola General Bottlers

Painter, Judge.

This litigation arose out of an automobile accident involving an employee of the defendan1>appellee, Pepsi-Cola General Bottlers (“Pepsi-Cola”), and Vincent and Juanita Kimble (“the Kimbles”). The Kimbles sued Pepsi-Cola for damages under a theory of respondeat superior. Both the Kimbles and Pepsi-Cola moved for summary judgment, and the trial court granted summary judgment to Pepsi-Cola. The Kimbles then moved for leave to add the employee, a Mr. Nolte, as a defendant, and the trial court denied the motion. The Kimbles assign as error both rulings of the trial court.

The…