Runyan v. Pickerd

Plaintiff brought this action against Montgomery Ward (Ward) and Pickerd, the manager of Ward’s Pendleton store, for injuries which she allegedly suffered as the result of Pickerd’s negligence while he was driving his own automobile to the store on a Sunday morning. The basis for the claim against Ward was that Pickerd was acting within the course and scope of his employment and that Ward is therefore vicariously liable for his negligence. The trial court granted Ward’s motion for summary judgment and entered a final judgment pursuant to ORCP 67B. Plaintiff appeals. We affirm.

We quote the…