COURTLESS V. JOLLIFFE
507 S.E.2d 136 (1998)
NATURE OF THE CASE: Courtless (P) appealed a grant of summary judgment in favor of
Princess (D) in that P claims D is liable for the injuries to P through the doctrine of
respondeat superior.
FACTS: Courtless (P), while riding his bicycle, was struck by a vehicle driven by David
Jolliffe. P is now a paraplegic. Jolliffe was employed by D and was en route to work at the
time of the accident. While traveling from his home to the Princess mine site, Jolliffe had
stopped to buy shocks for his vehicle. P sued both Jolliffe and d, alleging that d was
liable under the doctrine of respondeat superior. Jolliffe owned the vehicle, and D paid
Jolliffe $400 monthly, the amount of the monthly payment on the truck. D also paid
maintenance and repair costs on Jolliffe's truck, and Jolliffe had free use of gasoline from
D gas tanks. In exchange, Jolliffe used the vehicle at the D sites on a daily basis. D filed
a motion for summary judgment, alleging that Jolliffe was not acting within the scope of his
employment at the time of the accident. The trial court ruled that the facts did not support
an exception to the 'coming and going' rule. P appealed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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