Spears v. Jones2/15/2002
The plaintiff, Classie Spears, appeals a motion for summary judgment granted in favor of defendant, Turner Industrial Services, Inc. (Turner) finding that its employee, Gregory L. Jones, was not in the course and scope of his employment at the time he was involved in an automobile accident with her.
FACTS
On December 6, 1997, Jones was employed with Turner at the Dupont facility in De Lisle, Mississippi, performing hydro blasting and industrial maintenance work. Because their work schedule required the Turner employees to spend at least a week at the facility, Jones, his supervisor, Albert Cook, Jr., and another worker, Byron Perkins, were staying at the Days Inn Diamondhead Resort near De Lisle, Mississippi. Turner had assigned Cook a vehicle, specifically a Ford F-350 crew cab. Jones and Perkins did not have their vehicles with them, because they had traveled from Baton Rouge to the job site in the Turner vehicle. Usually in the evenings after their shifts were over, Cook would allow Jones and Perkins to use the Turner vehicle to get something to eat or run an errand to the local store.
On December 6, 1997, Cook, Perkins, and Jones had completed their shift at the Dupont facility around 5:00 in the evening. Approximately an hour later, while they were back at the hotel, Jones asked Cook for permission to borrow the vehicle so he and Perkins could get something to eat. Cook agreed, gave Jones the keys, and left for dinner with a companion in the companion's vehicle.
After Jones and Perkins returned from dinner between 9:00 and 10:00 p.m., Jones received a telephone call from his girlfriend in Baton Rouge informing him that she had been involved in an accident. Jones decided to drive to Baton Rouge to check on his girlfriend and to return to work in Mississippi the next morning. Before leaving for Baton Rouge, Jones attempted to locate Cook to get approval to return to Baton Rouge. Although he could not locate Cook, Jones left for Baton Rouge in the Turner vehicle with Perkins accompanying him. As Jones and Perkins approached Baton Rouge on Interstate 12, they were involved in an accident in Tangipahoa Parish when Jones hit a vehicle owned by Robert Robertson and driven by Classie Spears. Following the accident, Jones was arrested and charged with driving under the influence after his blood alcohol test exceeded the legal limit.
Classie Spears filed suit against Jones, Turner, Wheels, Inc., the owner of the vehicle, and National Union Fire Insurance Company, the insurer of the truck, seeking damages for the injuries she sustained in the accident. In the same lawsuit, Robert Robertson sought damages for the property damages sustained by his van in the accident.
On July 12, 2000, Turner and National Union Fire Insurance Company filed a motion for summary judgment claiming that at the time of the accident, Jones was not in the course and scope of his employment with Turner, thus Turner could not be found vicariously liable. In support of its motion, Tuner introduced the depositions of Cook and Jones. Spears and Jones both opposed the motion. In support of her opposition, Spears filed excerpts from the depositions of Cook and Jones, as well as discovery responses.
After a hearing on the motion for summary judgment, the trial court found that Jones was not in the course and scope of his employment at the time of the accident and dismissed Turner from the case. The trial court denied summary judgment as to the automobile liability insurer of the vehicle, Nation Union Fire Insurance Company and declined to dismiss it from the case, because the issue of permitted use of the truck remained unresolved.
Spears and Jones
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