Edgewater Motels, Inc. v. Gatzke

Gatzke (defendant), supervising a new restaurant opening for his employer Walgreen (defendant), stayed at a motel owned by Edgewater (plaintiff) and remained on call 24 hours a day, treating his room as an "office away from home." After working late, Gatzke smoked a cigarette while completing a Walgreen expense report in his room, and the cigarette started a fire that seriously damaged the motel; a jury found Gatzke 60 percent liable, but the trial court granted Walgreen judgment notwithstanding the verdict, ruling Gatzke's conduct fell outside the scope of his employment.