Oil Daily, Inc., a Corporation v. Chester L. Faulkner

PICKETT, Circuit Judge.

This is an automobile accident case in which the District Court first determined the liability of the defendant Oil Daily, Inc., for damages resulting from a collision between an automobile driven by its employee Fred R. Williams and a truck driven by the plaintiff Faulkner. As authorized by 28 U.S.C. § 1292(b), we granted an appeal from an order holding that at the time of the collision Williams was acting within the scope of his employment so as to impose liability on defendant Oil Daily, Inc. under the doctrine of respondeat superior.

The facts are not in dispute.…