Columbia Drug Co. v. Cook

Clark, Judge.

This appeal is from denial of a summary judgment motion made by a defendant employer whose truck hit a pedestrian who died from her injuries. Defendant’s motion was based upon the company vehicle being used at the time for the employee’s personal purposes and not within the scope of employment.

At the date of the filing of such motion defendant relied in part upon a deposition of the employee which had been taken at a time when employee was not a party to the action. It was supplemented by depositions of the employer and affidavits aimed at showing the employee to have been on a…