Pyne v. Witmer
Supreme Court of Illinois
543 N.E.2d 1304 (1989)
William Witmer (defendant), an employee of D.R.W. Enterprises (also a defendant), left work to take a certification test in another town required for his mechanic position, and about two and a half hours after finishing the test, died in a collision with Keith Pyne (plaintiff) while intoxicated; Witmer's widow testified he had mentioned possibly staying out after the exam to study for a future test session. Pyne sued D.R.W. under respondeat superior, arguing Witmer remained within the scope of employment at the time of the crash; D.R.W. argued his intoxication took him outside that scope and moved for summary judgment, which the circuit court granted, but the appellate court reversed, and D.R.W. appealed.
Whether an employer may be held vicariously liable for an employee's tortious conduct only if that conduct was committed within the scope of employment, and whether summary judgment for the employer was appropriate on that question here.