This lawsuit involves an automobile collision caused by Charles Duncan Smith, an employee of Precon Corporation. Rita Gassaway and her daughter, Kayce Long, were injured as a result of the collision. The issue is whether Smith was acting within the scope and course of his employment when he caused the collision, and whether Precon is responsible under respondeat superior for the personal injuries suffered by Gassaway and Long. The trial court granted Precon’s motion for summary judgment, specifically finding that Smith was not acting in the course and scope of his employment at the time of the accident. We agree. The record shows that Smith’s permanent residence at the time of the collision was in South Carolina. He was temporarily in Georgia for his job as an engineer trainee with Precon. Smith earned $791 weekly as a salaried Precon employee. He did not receive overtime pay or punch a time clock. He did, however, receive a per diem of $270 per week to pay for meals and lodging. Pursuant to Precon’s practices, an employee would be reimbursed for mileage if he used his personal vehicle on a company errand. Smith did not receive mileage for driving his own vehicle unless he was traveling on company business.
The collision at issue occurred on Smith’s first day at the job site. He had stayed in a hotel the night before. He wanted to find more suitable temporary housing, and asked the temporary project superintendent, Mort Vineyard, for an extended lunch period so he could find a place to stay. Vineyard approved Smith’s request. Smith drove his own vehicle and did not run any errands for Precon. He had lunch, leased a mobile home at Reece’s Trailer Park, and arranged for utility service. During his errands, Smith could not be reached by phone. He did not submit any mileage reimbursement requests for that day. The collision occurred as Smith attempted to turn into the job site after running his personal errands. Smith received a traffic citation for failing to yield the right of way, and he paid the fine for this traffic offense.
