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Bedford v. Awod

The employee's timesheet provided only circumstantial evidence that he was acting within the scope of his employment at the time of the accident.

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Plaintiff-appellant Michael T. Bedford brought this tort action against Najeh Awod, Rashied International, Inc. RII, and Khalid Rashied, seeking to recover for personal injuries sustained in an automobile collision allegedly caused by the negligent driving of Awod.1 The trial court granted summary judgment to RII and Rashied, concluding they were not vicariously liable for any negligence of Awod. On appeal, Bedford contends there is circumstantial evidence sufficient to create a jury issue as to whether or not Awod was acting within the course and scope of his employment. We affirm.

The following facts are undisputed: Rashied is the president and sole shareholder of RII, which imports textiles. He stores his products in a warehouse in Duluth, although he also uses his garage for small items where the customer wants less than a case quantity. Deliveries from the warehouse to linen wholesalers are made by commercial carriers unless the customer is in the Atlanta area. Rashied personally owns a full size van used exclusively to make local deliveries. Rashied also owned a 1994 Honda Civic which was used for both personal and business travel. This car was never used to make deliveries because it was too small for the cases of linens.

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