Fruit v. Schreiner
Supreme Court of
502 P.2d 133.
Prosser, pp. 659-662
Facts: Fruit was at a sales convention sponsored by his employer.† One night, he was out and driving back to the convention center when he skidded and hit Schreiner, crushing his legs.† Schreiner sued Fruit and his employer, Equitable, and won at trial.† Equitable appealed on the basis that there was insufficient evidence to show that Fruit was acting within the scope of his employment.
Analysis: The court notes that socializing away from the convention center was encouraged as part of the conference.
Conclusion: The trial courtís judgment is affirmed.