TRAHAN-LAROCHE V. LOCKHEED SANDERS, INC.
657 A.2d 417 (1995)
NATURE OF THE CASE: Trahan (Ps) appealed a grant of summary judgment to Lockheed (D) in
P's action for negligence under respondeat superior and negligent supervision.
FACTS: A flatbed trailer separated from the pickup truck towing it and collided with the
Ps' vehicle. Maimone, employed by Lockheed (D) as a maintenance mechanic, was the driver as
well as the owner of both the truck and the trailer. One of Maimone's tasks was to hay the
fields at D's facilities. Maimone provided most of the haying equipment, most of which he
towed to D's premises with his truck and trailer. D did not compensate Maimone for the use
of the equipment or the time spent transporting it, but did pay him his normal wages while
haying the fields and permitted him to keep any hay he removed. Maimone hitched his trailer
to his truck for use in transporting hay from his farm to the Agway store to sell that
evening. He planned to return the trailer to remove the remaining farm machinery. The
trailer separated from the truck during the drive from D's facility to Maimone's farm. Ps
sued D under theories of respondeat superior and negligent supervision in that Maimone was
acting within the scope of his employment at the time of the accident. D moved for summary
judgment because Maimone was not acting within the scope of his employment. Ps also moved
for partial summary judgment on the ground that, as a matter of law, Maimone's actions were
within the scope of his employment. The trial court ruled as a matter of law that Maimone
acted outside the scope of his employment. The court dismissed and P appealed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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