Tuttle v. Muenks

SMART, Judge.

David R. Tuttle and Deborah A. Tuttle were injured in an automobile accident when a car driven by Sylvester W. Muenks struck another car, sending that car into the path of the Tuttle automobile. They filed suit against Mr. Muenks and against Roadway Express, Inc. (“Roadway”), Mr. Muenks’ employer. The claim against Roadway was based upon the theory of respondeat superi- or. Roadway moved for summary judgment, contending that it was entitled to judgment as a matter of law, because there was no substantial evidence that Muenks was in the course and scope of his employment for…