Jason Betsill Betsill was involved in a collision while driving a truck owned by his employer, Scale Systems, Inc. Betsill’s two children, who were riding in the truck, were injured. Angela Betsill, the children’s mother, sued Scale Systems individually and on behalf of her children, alleging that the company was liable under the doctrine of respondeat superior.1 Scale Systems moved for summary judgment, arguing that because Betsill was not acting in the scope of his employment when the collision took place, it could not be liable. The trial court granted Scale Systems’ motion, and this appeal ensued. For reasons that follow, we affirm. On appeal from a trial court’s grant of summary judgment, we review the record de novo, and we view the evidence and the inferences drawn from it in the light most favorable to the nonmoving party. A defendant demonstrates entitlement to summary judgment by showing that the record lacks evidence sufficient to create a jury issue on at least one essential element of the plaintiff’s case. The defendant does not need to affirmatively disprove the plaintiff’s case, but may prevail simply by pointing to the lack of evidence. If the defendant does so, the plaintiff cannot rest on his pleadings, but must point to specific evidence that gives rise to a triable issue of fact.2 Viewed in this manner, the record shows that Betsill is a parts and distribution manager for Scale Systems. Betsill’s normal work hours are Monday through Friday from 7:00 a.m. to 4:00 p.m. However, at the time of the collision, Betsill was on call twenty-four hours a day. His job duties involved, among other things, “controlling all parts that come in the building for customers or for jobs,” handling equipment rental, and purchasing items for the warehouse. Occasionally, Betsill was required to deliver items either to customers or field technicians. Scale Systems provided Betsill a company truck for this purpose. In addition, Betsill was allowed to use the truck for personal reasons, including driving family members.
Betsill’s father-in-law also worked for Scale Systems as a technician. Approximately once a week, Betsill would stop by his father-in-law’s house to drop off or pick up Scale Systems’ equipment. According to Betsill, he would be asked to drop something off for his father-in-law “to save the father-in-law from having to come to the shop.” Although Betsill was paid hourly, he was not paid for the time he spent either taking or dropping off items at his father-in-law’s house.
