Fruit v. Equitable Life Assurance Society

Insurance salesman Clay Fruit (defendant) was contractually required to attend a sales convention held by his employer, Equitable Life Assurance Society (defendant), which required attendees to arrange their own transportation and expected them to socialize with other attendees at off-site restaurants and venues throughout the convention, traveling at all hours between those locations and the convention center. While driving back from one such restaurant, Fruit's vehicle skidded across the highway centerline and struck John Schreiner (plaintiff), who was standing in front of his own car, pinning and severely injuring him. Schreiner sued Fruit and Equitable, and the jury found Fruit negligent, found he was acting within the scope of his employment, and found Equitable independently negligent in planning the convention, awarding Schreiner $635,000 from both defendants; the defendants appealed.