Transporting pizza supplies proves acting within scope of employment
Carter v. R&B Pizza Co., Inc., et al., No. 09 JE 34 (Ohio Ct. App. 12/06/10).
Ruling: The Ohio Court of Appeals held that a worker was acting within the scope of employment when she was injured by a drunk driver while she was transporting supplies for her employer.
What it means: In Ohio, a worker injured while transporting supplies for her employer is acting within the scope of her employment.
Summary: A worker who ran a pizza restaurant traveled to another state to meet with the restaurant's bookkeeper and to pick up supplies. She usually traveled twice a week to pick up supplies and once a month to meet with the bookkeeper. Upon arrival, the bookkeeper did not show up for their appointment. The worker called the restaurant to see if it needed any supplies immediately. The worker and her husband, who owned the restaurant, loaded her car with supplies such as pizza sauce, pepperoni, chicken wings, flour, and cheese. The worker planned on driving directly to the restaurant to refrigerate the perishable supplies. En route, a drunk driver crashed into her vehicle. The worker sought benefits. The Ohio Court of Appeals held that the worker was within the scope of her employment when the accident occurred.
The evidence included a picture of the worker's vehicle taken after the crash, which depicted the contents of her vehicle, including the supplies. The court noted that the evidence was not complicated and the restaurant only attempted to dispute the worker's credibility by raising questions as to whether anyone was running the restaurant while she was away and why she used an unreliable bookkeeper.
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January 17, 2011
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