 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Broadway v. Kelley Brothers Contractors Inc.6/8/1999
DATE OF JUDGMENT: 05/22/1998
TRIAL JUDGE: HON. ROBERT WALTER BAILEY
COURT FROM WHICH APPEALED: CLARKE COUNTY CIRCUIT COURT
NATURE OF THE CASE: CIVIL - PERSONAL INJURY
TRIAL COURT DISPOSITION: SUMMARY JUDGMENT AWARDED IN FAVOR OF APPELLEE
PROCEDURAL HISTORY
Litigation was initiated in the Circuit Court of Clarke County, Mississippi, as a result of an automobile collision. Kelley Brothers Contractors, Inc. filed a motion for summary judgment asserting that the individual driving the company's truck was not in the course and scope of employment at the time of the accident. The circuit court granted the motion.
Feeling aggrieved by the judgment of the circuit court, the Broadways appeal.
FACTS
The accident which caused this litigation occurred on a county road in Clarke County. At the time of the accident, Morris Robinson was driving a company truck which belonged to Kelley Brothers, Inc. The accident took the life of Alex Broadway.
The accident occurred on a Sunday morning, at approximately 11:00 a.m. Robinson testified that he was on his way to church when the accident occurred and had thought about going to a job site in Toxey, Alabama after the church service.
STANDARD OF REVIEW
We conduct a de novo review of the record to determine whether the trial court properly granted a motion for summary judgment. Nationwide Mut. Ins. Co. v. Garriga, 636 So. 2d 658, 661 (Miss. 1994); Pace v. Financial Sec. Life, 608 So. 2d 1135, 1138 (Miss. 1992); Short v. Columbus Rubber & Gasket Co., 535 So. 2d 61, 63 (Miss. 1988). The de novo review includes looking at the evidentiary matters and viewing them in the light most favorable to the party against whom the motion has been made. Nationwide Mut. Ins. Co., 636 So. 2d at 661. The movant has the burden of proving that there is no genuine issue of material fact and that the moving party is entitled to judgment as a matter of law. Daniels v. GNB, Inc., 629 So. 2d 595, 599 (Miss. 1993). "Summary judgment is appropriate if the evidence before the Court--admissions in the pleadings, answers to interrogatories, depositions, affidavits, etc.--shows there is no genuine issue of material fact, and the moving party is entitled to judgment as a matter of law." Rockwell v. Preferred Risk Mutual Ins. Co., 710 So. 2d 388, 389 (Miss. 1998) (citing Newell v. Hinton, 556 So. 2d 1037, 1041 (Miss. 1990)).
ISSUE PRESENTED
I. WHETHER OR NOT THE LOWER COURT ERRED IN ITS FINDING THAT MORRIS ROBINSON, APPELLEE, WAS NOT ACTING WITHIN THE COURSE AND SCOPE OF HIS EMPLOYMENT WITH KELLEY BROTHERS CONTRACTORS, INC., APPELLEE, AS OF THE TIME OF THE VEHICULAR COLLISION IN QUESTION.
II. WHETHER OR NOT THE LOWER COURT ERRED IN FINDING THAT NO GENUINE ISSUE OF MATERIAL FACT EXISTS IN THIS CAUSE.
III. WHETHER OR NOT THE LOWER COURT ERRED IN SUSTAINING THE MOTION FOR SUMMARY JUDGMENT OF KELLEY BROTHERS CONTRACTORS, INC. AND IN REFUSING TO RECONSIDER AND SET ASIDE SUCH JUDGMENT.
While several individual issues have been presented, the central issue is whether the summary judgment entered by the trial court was error. The Broadways insist that error has been committed. Kelley Brothers argues otherwise.
The Broadways believe that Morris Robinson was acting within the course and scope of employment when he collided with the car driven by Melissa Broadway. According to the Broadways, the ultimate purpose for Morris Robinson driving the company truck on Sunday was for Robinson to reach the job site in Alabama. As stated in their brief, "Such is uncontradic
Page 1 2 Mississippi Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|