Rood's Case

The claimant in this case, Francis R. Rood, was injured in a motor vehicle accident in 1969. At the time of the accident he was a passenger in a truck owned by his employer and operated by a fellow employee. After being advised by the employer’s insurer that, in its opinion, he had not been "within the scope of [his] employment when the accident occurred,” Rood commenced a tort action against his employer1 and the fellow employee. The tort action was referred to an auditor, who found that Rood’s injuries had arisen "out of and in the course of the common employment of’ Rood and his fellow…