Eklund v. PRI Environmental, Inc.

• Decision Date: 14 June 2001
• Docket Number: No. 00-51, No. 00-52.
• Parties: Randy EKLUND, Appellant (Plaintiff), v. PRI ENVIRONMENTAL, INC., a Wyoming corporation, Appellee (Defendant). Farmers Insurance Exchange, Appellant (Defendant in Intervention), v. PRI Environmental, Inc., a Wyoming corporation, Appellee (Defendant).
• Court: Wyoming Supreme Court

25 P.3d 511

2001 WY 55

Randy EKLUND, Appellant (Plaintiff), v. PRI ENVIRONMENTAL, INC., a Wyoming corporation, Appellee (Defendant).

Farmers Insurance Exchange, Appellant (Defendant in Intervention), v. PRI Environmental, Inc., a Wyoming corporation, Appellee (Defendant).

Nos. 00-51, 00-52.

Supreme Court of Wyoming.

June 14, 2001.

Les Bowron of Beech Street Law Office, Casper, WY, Representing Appellant Randy Eklund. Argument by Mr. Bowron.

Brett Marshall Godfrey of Godfrey & Associates, PC, Cheyenne, WY, Representing Appellee. Argument by Mr. Godfrey.

James D. Bramer and Blair J. Trautwein of Wick Campbell Bramer Ukasick & Trautwein, LLC, Fort Collins, CO, Representing Appellant Farmers Insurance Exchange. Argument by Mr. Trautwein.

Before LEHMAN, C.J., and GOLDEN, HILL, and KITE, JJ.

HILL, Justice.

[¶ 1] Randy Eklund (Eklund) was injured when the vehicle in which he was a passenger was rear-ended by a vehicle driven by a co-worker, Terry Tebben (Tebben). The district court concluded that the co-worker was not acting within the scope of his employment at the time of the accident and granted the employer's, PRI Environmental, Inc.'s (PRI), motion for summary judgment on Eklund's claim of vicarious liability on the theory of respondeat superior. Eklund also contends that a prior settlement entered into between PRI and the driver of Eklund's vehicle constituted collateral estoppel on the issue of whether the co-worker was acting within the scope of his employment. Eklund appeals the grant of PRI's motion for summary judgment and the district court's refusal to apply the doctrine of issue preclusion to the question of Tebben's employment status. We affirm.

[¶ 2] Eklund presents the following statement of the issues:

1. The District Court committed reversible error by granting Defendant, PRI Environmental, summary judgment in the face of clearly defined genuine issues of material fact on the issue of Defendant Tebben's employment status at the time of the accident.

2. The District Court committed reversible error by granting Defendant, PRI Environmental, summary judgment when Plaintiff's own Motion for Partial Summary Judgment demonstrated that PRI was barred and should have been estopped, as a matter of law, from relitigating the issue of Defendant Tebben's employment status at the time of the accident.

Intervenor/Appellant Farmers Insurance Exchange addresses only one of the issues:

Did the trial court err in granting summary judgment to defendant PRI Environmental, Inc. on the issue of respondeat superior?

Appellee PRI also presents the matter on appeal in the form of a single issue:

Did the District Court err in granting summary judgment in favor of PRI where all of Plaintiff's damages were alleged to have arisen out of an automobile accident involving Plaintiff and an employee of PRI, Terry Tebben, who had, at the time of the accident, "clocked out" at the end of the work day on Friday afternoon and would not return to employment-related activities until the following Monday morning?

FACTS

[¶ 3] Tebben was employed by PRI as a health and safety officer. As part of his duties, Tebben was required to purchase parts in Casper and deliver them to PRI's work site. Although Tebben used his personal truck to transport these parts, PRI compensated him by purchasing gasoline, new tires, an engine block, and overloads for the shock absorbers for the vehicle.

[¶ 4] On Friday, October 21, 1994, just before quitting time at 5:30 p.m., Tebben picked up a list of parts needed for the following Monday. Tebben was specifically instructed to purchase the parts on Monday morning before reporting back to the work site. With the list in hand, Tebben left work for his home in Casper.

[¶ 5] In order to reach a public highway, PRI employees had to travel on a long, narrow and curvy dirt road. On the day in question, visibility on the road was hindered by glare from the setting sun and dust kicked up by moving vehicles. Traveling ahead of Tebben on the road were PRI employees Eklund and Warren Ash (Ash). Eklund and Ash normally waited until Tebben had left the work site before leaving themselves because they were concerned about Tebben's driving habits. At some point, Ash stopped on the road apparently to determine whether Tebben would take a shortcut or continue along the road. Tebben collided with the Ash vehicle causing physical injury to all three.

[¶ 6] Two separate litigations arose from the accident. In the first, Ash sued Tebben for his injuries. After an unsuccessful attempt by Tebben to implead PRI as a third-party defendant, Ash filed an amended complaint adding a claim against PRI based on a theory of respondeat superior. Ash and PRI apparently reached a settlement, and the district court granted a joint motion to dismiss the complaint against PRI.

[¶ 7] Subsequently, Eklund filed this action against Tebben and PRI. Eklund claimed Tebben was negligent in driving his vehicle and that PRI was liable for his damages caused by Tebben's actions under the theory of respondeat superior. Farmers Insurance Exchange (Farmers), which provided insurance to Eklund through the underinsured motorist coverage of Ash's automobile insurance policy, intervened in the action.

[¶ 8] PRI and Eklund filed competing motions for summary judgment. PRI argued that Tebben was on his way home at the time of the accident, so there was no genuine issue of material fact as to whether Tebben was acting in the scope of his employment at the time of the accident. Eklund's motion for partial summary judgment was based on the settlement PRI reached with Ash in the first litigation. Eklund contended that by settling in favor of Ash, the question of whether Tebben was acting in the scope of his employment was necessarily decided in the positive and, as a consequence, PRI was precluded from relitigating the issue.

[¶ 9] On November 23, 1999, the district court denied Eklund's motion for partial summary judgment and granted PRI's motion for summary judgment. The denial of Eklund's motion was predicated on the district court's conclusion that the issue of Tebben's employment status at the time the accident occurred was not necessarily decided in the prior adjudication. The district court granted PRI's motion on the basis that at the time of the accident, Tebben was simply leaving the job site after work and did not have to return with the parts until Monday morning. Therefore, the court concluded that the only reasonable inference that could be drawn from the facts was that Tebben was not acting in the course of his employment when the accident happened. Eklund now appeals.

STANDARD OF REVIEW

[¶ 10] Our standard for reviewing a summary judgment is well established:

Summary judgment is appropriate when no genuine issue as to any material fact exists and the prevailing party is entitled to have a judgment as a matter of law. Kahrs v. Board of Trustees for Platte County Sch. Dist. No. 1, 901 P.2d 404, 406 (Wyo.1995); see also W.R.C.P. 56(c). A genuine issue of material fact exists when a disputed fact, if it were proven, would have the effect of establishing or refuting an essential element of the cause of action or defense which has been asserted by the parties. Adkins v. Lawson, 892 P.2d 128, 130 (Wyo.1995). We examine the record from the vantage point most favorable to the party who opposed the motion, and we give that party the benefit of all favorable inferences which may fairly be drawn from the record. Jack v. Enterprise Rent-A-Car Co. of Los Angeles, 899 P.2d 891, 893 (Wyo.1995). We evaluate the propriety of a summary judgment by employing the same standards and by using the same materials as were employed and used by the lower court. Adkins, 892 P.2d at 130. We do not accord any deference to the district court's decisions on issues of law. Kahrs, 901 P.2d at 406.

The party moving for summary judgment bears the initial burden of establishing a prima facie case for a summary judgment. If the movant carries this burden, the party opposing the summary judgment must come forward with specific facts to demonstrate that a genuine issue of material fact does exist. Thunder Hawk By and Through Jensen v. Union Pacific R. Co., 844 P.2d 1045, 1047 (Wyo. 1992). General allegations and conclusory statements are not sufficient. Board of County Comm'rs of County of Laramie v. Laramie County Sch. Dist. Number One, 884 P.2d 946, 956 (Wyo.1994).

Bachmeier v. Hoffman, 1 P.3d 1236, 1240 (Wyo.2000).

DISCUSSION

[¶ 11] Eklund and Farmers argue that the district court erred in concluding that there were no genuine issues of material fact in dispute on whether Tebben was acting in the scope of his employment at the time of the accident. They argue that there is evidence suggesting that Tebben was engaging in a "dual purpose." They note that Tebben had been given a parts list at the end of the work period on Friday and was told to return to the job site on Monday with those parts. In addition, they point out that Tebben was compensated for performing this service through the improvements to his vehicle and the gasoline for which PRI paid. Thus, their position is that Tebben's traveling to Casper was based, at least in part, on a purpose in furtherance of his employer's business.

[¶ 12] Pursuant to the theory of vicarious liability or respondeat superior, an employer is liable for the negligent acts of an employee who is acting within the scope of his employment. Hamilton v. Natrona County Education Association, 901 P.2d 381, 385 (Wyo.1995); see also, Miller v. Reiman-Wuerth Company, 598 P.2d 20, 22-23 (Wyo. 1979)

; and Combined Insurance Company of America v. Sinclair, 584 P.2d 1034, 1041 (Wyo.1978). An employee is acting within the scope of his employment if, at the time of the alleged negligent act or omission, the activity in which he was engaged was: (1) activated in part by a purpose to serve the employer; (2) done with the intention to perform it...