O’shea v. Welch

350 F.3d 1101 (10th Cir. 2003)

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Nature of the Case

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Facts

D was a D1 store manager. He was driving to deliver football tickets for that weekend which were obtained from a vendor for distribution among Osco managers. D frequently made trips for D1 using his own vehicle. D remembered that he needed to have some routine maintenance done on his car. He made a spur of the moment decision to pull into a service station for an estimate. D allegedly failed to yield in making a left turn and struck P's car. On cross-motions for summary judgment, the district court granted D1's motion and denied P's motion, holding that no reasonable jury could conclude that D was acting within the scope of his employment. After a bench trial, the court entered judgment against D in the amount of $1,014,503.70. P appealed challenging the dismissal of D1 from the case.