Ellebracht v. Burger Chef Systems, Inc.

CLEMENS, Presiding Judge.

Plaintiffs Dorothy Ellebracht and her husband A. E. Ellebracht sued the defendant corporation and its employee for damages arising from a rear-end collision by the corporate defendant’s truck, driven by the individual defendant. Under uncontradict-ed testimony that the driver was not at the time within the scope of his employment, the trial court directed judgment for the corporate defendant. Against the individual defendant, the jury returned a $200 verdict for the wife and $300 for the husband. *504Plaintiffs appeal, but their notice of appeal was untimely and we…