CHRISTENSEN V. SWENSON ET AL
874 P.2d 125 (1994)
NATURE OF THE CASE: This was a dispute over vicarious liability. Christensen (P) sought
review of the summary judgment for Swenson (P), employee and employer, which held that the
employer was not liable for negligence under the doctrine of respondeat superior for the
actions of the employee because she was acting outside the scope of her employment at the
time of the automobile accident injuring the motorcyclists.
FACTS: Swenson (D) worked for Burns (D1) as a security guard. Guards were expected to eat
on post and many simply carried bag lunches with them. They also ordered food from the
Frontier Cafe that was approximately 250 yards from the guard post. On the day of the
accident, D decided to get soup from the cafe and return to her post to eat it. D expected
to be gone for 10-15 minutes. Guards at D1 were expected to man their posts in continuous
shifts with no scheduled breaks. Guards were permitted to take unscheduled breaks for lunch
and restrooms needs. When D returned from her break she hit a motorcycle at a public
intersection outside D1's property. Several people were injured. D1 moved for summary
judgment claiming that D was not acting in the scope of her employment. That motion was
granted and the appeals court affirmed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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