Collins v. Appalachian Research & Defense Fund of Kentucky, Inc.
2012 Ky. App. LEXIS 269
| Ky. Ct. App. | 2012Background
- Automobile collision on Feb. 11, 2008, on KY Highway 55 in Adair County involving Collins, Neumann (Appalred employee), and Murrell.
- Collins sued Neumann, Appalred, Murrell, and Anthony’s Auto Sales; Appalred moved for summary judgment in 2009 and again in 2010.
- Trial court denied initial summary judgment, then granted it in 2010 and dismissed Appalred as a party.
- Collins argued Neumann was on a work-related trip or performing employment tasks during the commute.
- Court held Neumann’s pre-crash activities were personal errands and not within the scope of employment; no genuine issues of material fact.
- Appellate standard of review for summary judgment: de novo review; movant must show no genuine issue of material fact and entitlement to judgment as a matter of law.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether genuine issues of material fact exist regarding Neumann’s activities that morning. | Collins argues Neumann conducted work tasks during the commute. | Appalred contends Neumann’s actions were personal and outside scope of employment. | No genuine issues; Neumann’s actions were personal and not within scope. |
| Whether Neumann was acting within the scope of employment at the time of the accident. | Neumann routinely conducted work-related errands during commutes; deviation minimal but still within scope. | Going-and-coming rule; deviations for personal errands sever from scope; no work-related activity at crash. | Respondeat superior inapplicable; no scope of employment at time of crash. |
| Appropriate standard of review and evidence evaluation for summary judgment. | Evidence (e.g., note of courthouse visit) creates factual questions. | Bare assertions insufficient; deposition evidence refutes; no material facts in dispute. | Court properly granted summary judgment; no genuine issues material. |
Key Cases Cited
- Scifres v. Kraft, 916 S.W.2d 779 (Ky.App.1996) (standard for summary judgment)
- Steelvest v. Scansteel Service Center, Inc., 807 S.W.2d 476 (Ky.1991) (summary judgment de novo review; favorable view of movant)
- Kaycee Coal Co. v. Short, 450 S.W.2d 262 (Ky.1970) (going and coming rule context; hazards not incident to employer’s business)
- Wood v. Southeastern Greyhound Lines, 194 S.W.2d 81 (Ky.1946) (employee deviation to pursue personal business suspends scope)
- Papa John’s Intern., Inc. v. McCoy, 244 S.W.3d 44 (Ky.2008) (employee acts for purely personal motives not within employment)
- Olsten-Kimberly Quality Care v. Parr, 965 S.W.2d 155 (Ky.1998) (scope of employment principles referenced)
- Handy v. Kentucky State Highway Dep’t, 335 S.W.2d 560 (Ky.1960) (workers’ compensation/ scope analogies cited)