Austin v. Pascarelli

I agree with the result reached by the majority, but for different reasons and note that Michaleski v. Western Preferred Casualty, Co., 472 So.2d 18 (La.1985), does not stand for the proposition that the issue of whether a party is in the course and scope of his employment is always inappropriate for disposition by summary judgment and should be referred to trial on the merits. Michaleski, is really a case where the undisputed facts were inadequate to establish that the mover was entitled to summary judgment as a matter of law. It states no general rule regarding the appropriateness of…