Windsor v. Chanticleer & Co.

As may be seen from the resume of the evidence, there was absolutely no basis upon which the defendant could be held liable on the theory of respondeat superior. While ordinarily this is a question for the jury to decide, the evidence in this case did not, in any view, authorize a finding that the driver of the defendant’s truck was acting within the scope of his employment at the time of and at the place of the collision. Under the evidence this was not a case of deviation, but of complete departure from the scope of the employment. Reddy-Waldhauer Maffett Co. v. Spivey, 53 Ga. App. 117 (1)…