Marter v. Scott

514 So.2d 1240 (Miss. 1987)

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Nature of the Case

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Facts

D is a local bottling plant corporation. Scott and Brown were both employed by D. Scott was a secretary-receptionist, and Brown was a truck driver. Scott was on vacation, and she saw a D truck stopped on the shoulder of the road. She saw Brown and got off the highway to offer assistance. Scott saw a place on the road where cars turn around on the medium, but she did not see the sign that prohibited cars from crossing the median. When she pulled out to cross the median, she caused a traffic accident when P's eighteen-wheel International truck and trailer had to brake to avoid another car avoiding Scott. P's truck struck Scott's automobile. Scott was not injured, but P suffered personal injuries in the accident. P sued Scott, and D. D denied Scott was an agent and employee acting within the scope of her employment at the time of the accident. D moved for summary judgment, which was sustained by the circuit judge. P appealed relying on the emergency employment doctrine.