Nealy v. Ross

SACK, MARTIN, Associate Judge.

This is an appeal by the plaintiff in the court below from a final summary judgment in favor of the defendant, Fincher Motors, Inc.

The complaint sought to charge Fincher Motors, Inc., with vicarious liability, as the owner of the automobile driven by the co-defendant James Ross, one of its employees, resulting in an accident, causing injury to the plaintiff.

The facts as disclosed by the uncontra-dicted deposition of Ross, show that Ross was employed by Fincher Motors, Inc., as a porter, although one of his duties was moving loaner automobiles in and about the…