Nava v. RIVAS-DEL TORO

EISMANN, Justice.

This personal injury action arising out of a traffic accident was dismissed against the owners of the truck driven by the person who was allegedly at fault on the ground that he was an employee of the owners and was outside the course and scope of his employment. Because that is not a defense to the claims alleged in the complaint, we vacate the judgment of the district court.

I

Factual Background 1

Christian Rivas-Del Toro is a Mexican citizen who was residing and working in the United States illegally. In the summer of 2005, he began working as a truck di’iver for Willard,…