Pyne v. Witmer

In this automobile accident case based on a theory of respondeat superior, we are asked to examine the entry of summary judgment in favor of the defendant employer. The central issue is whether a triable question of fact existed as to whether, at the time of the accident, the defendant’s employee was within the scope of his employment. We conclude that a factual question sufficient to preclude summary judgment did exist. We therefore affirm the appellate court’s reversal of summary judgment and its remand of the cause to the circuit court of McHenry County.

The circumstances of the accident…