Bailey

Plaintiff David C. Bailey (Bailey) was injured in an automobile accident with Carolyn Shinn (Shinn), an employee of defendant Pilco, Inc. (Pilco), a retail business engaged in the sale and rental of electronic goods and appliances. Bailey sued Pilco under a theory of respondeat superior. At the time of the accident, Shinn was on a paid break and was driving to obtain some cookies to eat back at work. The jury found that Shinn was not engaged within the scope of her employment at the time of the accident, and the court entered judgment for Pilco. On appeal Bailey contends that Shinn was acting within the scope of employment as a matter of law when the car accident occurred.

We conclude, as a matter of law, that Shinn committed the alleged tort outside the scope of her employment. Consequently, we affirm the judgment.

Background

During a paid, morning break while working at Pilco, Shinn drove to The Cookie Tree to buy cookies for herself and at least one other employee to eat while on duty. Shinn did not notify a supervisor that she was taking her break or leaving the premises—nor did she have to—and no Pilco supervisor sent Shinn to The Cookie Tree to buy the cookies or…