Courtless v. Jolliffe

507 S.E.2d 136 (1998)

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Nature of the Case

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Facts

Courtless (P), while riding his bicycle, was struck by a vehicle driven by David Jolliffe. P is now a paraplegic. Jolliffe was employed by D and was en route to work at the time of the accident. While traveling from his home to the Princess mine site, Jolliffe had stopped to buy shocks for his vehicle. P sued both Jolliffe and d, alleging that d was liable under the doctrine of respondeat superior. Jolliffe owned the vehicle, and D paid Jolliffe $400 monthly, the amount of the monthly payment on the truck. D also paid maintenance and repair costs on Jolliffe's truck, and Jolliffe had free use of gasoline from D gas tanks. In exchange, Jolliffe used the vehicle at the D sites on a daily basis. D filed a motion for summary judgment, alleging that Jolliffe was not acting within the scope of his employment at the time of the accident. The trial court ruled that the facts did not support an exception to the 'coming and going' rule. P appealed.