O'Shea v. Welch
United States Court of Appeals for the Tenth Circuit
350 F.3d 1101 (10th Cir. 2003)
Relevant factsFree
Osco manager Welch, while driving to deliver employee tickets to a district office, pulled into a gas station along his route for a maintenance estimate on his car and collided with O'Shea; the district court granted summary judgment to Osco, finding Welch outside the scope of his employment at the time.
IssueFree
Whether an employee who uses his car for work purposes is acting within the scope of his employment if he pulls into a gas station for an estimate on routine maintenance for the car.