Cooper v. Plott

PIall, Judge.

Defendant in two automobile negligence cases appeals from orders granting the plaintiffs’ motions for summary judgment on the issue of whether the driver of defendant’s truck was an employee of the defendant acting within the scope of his employment and from orders denying his motions for summary judgment. The issues are identical in both cases. The undisputed evidence shows that at the time of the collision the truck was owned by the defendant; that the driver of the truck was employed by the defendant and was performing services for him (picking up and delivering gravel).…