Ayon

*490 Plaintiff Jessica Ayon appeals from an adverse summary judgment in a personal injury case. Late one evening in May 2013, Brittini Zuppardo was driving home from her boyfriend's house while talking on the phone with Michelle Halkett. Zuppardo was defendant Esquire Deposition Solution's (Esquire) scheduling manager; Halkett was a court reporter for Esquire. Zuppardo's vehicle struck plaintiff, who suffered significant injuries. The issue here is whether Esquire can be held liable under a theory of respondeat superior.

In an interview immediately following the accident, Zuppardo reported to a police officer that she had been speaking with one of her court reporters, Halkett, about Halkett's son's prom and other family related issues. In their depositions, both Zuppardo and Halkett testified they were *188 good friends and were talking about family matters on the evening of the accident. It was not within Zuppardo's job description to call court reporters after hours for work purposes, though on rare occasions she had done so.

To establish respondeat superior liability, plaintiff relies heavily on the following piece of evidence: at her deposition, Zuppardo testified she spoke…