Faul v. Jelco, Inc.

OPINION

HATHAWAY, Judge.

Appellants brought a personal injury tort action alleging negligence by appellee’s employee and joining appellee as defendant on the theory of respondeat superior, appellee’s motion for summary judgment, which denied the employee was acting within the scope of his employment at the time of the accident, was granted. We affirm the summary judgment.

We view the facts most favorably to appellants to determine whether material facts are in dispute and if appellee is entitled to judgment as a matter of law. Union Bank v. Pfeifer, 18 Ariz.App. 386, 502 P.2d 535 (1972).…