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P, driving his pickup truck, and Gonzalez, driving a tractor-trailer for D, were traveling on the same highway. Driving recklessly behind P, Gonzalez made multiple attempts to pass P in no-passing zones, nearly causing a collision. Gonzalez followed P at an unsafe distance. Nichols responded twice with obscene gestures. When both drivers stopped at a red light, Gonzalez exited his truck, confronted P, and attacked him with a rubber-coated metal cable. P briefly subdued Gonzalez, but then fell to the ground, and Gonzalez stabbed him in the thigh with a knife. Gonzalez was convicted of aggravated assault. P seeks to hold D vicariously liable, alleging that Gonzalez was acting within the scope of employment. Maine courts apply the test of Restatement (Second) of Agency § 228 (1958): Conduct of a servant is within the scope of employment if, but only if: (a) it is of the kind he is employed to perform; (b) it occurs substantially within the authorized time and space limits; (c) it is actuated, at least in part, by a purpose to serve the master, and (d) if force is intentionally used by the servant against another, the use of force is not unexpectable by the master. The trial court ruled in favor of D’s motion for summary judgment, and P appealed.

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