Fred A. York, Inc. v. Moss

Deen, Presiding Judge.

Sometime between 4:30 p.m. and 6:00 p.m. on September 7, 1982, an automobile owned by the appellant, Fred A. York, Inc., d/b/a York Pest Control (York), and operated by Bobby Sharpe, an employee of York, collided with the rear of the automobile being driven by the appellee, Vickie Moss. Moss and her husband subsequently commenced this action against Sharpe and York, seeking damages for personal injuries and loss of consortium. York moved for summary judgment on the basis that at the time of the collision Sharpe was off from work and not within the scope of employment,…