Wolfensberger v. Eastwood

Joan Wolfensberger sued David Eastwood for injuries arising out of a car accident that occurred in the early morning hours of March 8, 2002. Wolfensberger was a passenger in the car driven by Eastwood. Wolfensberger filed a declarator judgment action against the liability insurance carrier for Eastwood’s employer, seeking coverage for her injuries. Both sides filed motions for summary judgment.

The primary question presented to the trial court was whether Eastwood was acting within the scope of his employment at the time of the accident. The trial court denied Wolfensberger’s motion and…