Pyne v. Witme

543 N.E.2d 1304 (1989)

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Nature of the Case

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Facts

An employee, Witmer, who, at or near the end of his scheduled workday, drove in his own vehicle from his workplace in order to take an evening test that could secure his certification as an automobile mechanic. D's employer operated the gasoline station at which Witmer worked, did not pay him wages, mileage, or expenses for the trip, but D did issue a check for the test fee. The parties are in agreement that, while taking the test, Witmer was within the scope of his employment. There is some evidence that D was aware that Witmer was prone to excessive alcohol consumption. For appeal purposes, the parties agree that Witmer would have been in the scope of his employment with regard to the test during 'travel incident thereto' and that Witmer was not required to report to work until the next morning. Some 2 1/2 hours after he completed his test, Witmer was killed in a 10:30 p.m. automobile collision involving his vehicle and one driven by P. Witmer was intoxicated at the time of collision. The collision site was near Marengo, which lies between Rockford and Witmer's home in Elgin and workplace in Streamwood. No eyewitness or physical evidence was presented as to Witmer's whereabouts or activities from the time he left his test location until the time of the accident. His widow said he was going to stay a little late in order to study for a second test session to be held the next evening. The trial court granted summary judgment to D. The appeals court reversed and D appealed.