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.
Issue:
Rule:
Analysis: The court notes that
socializing away from the convention center was encouraged as part of the
conference.
Conclusion: The trial court’s judgment
is affirmed.