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"Appellee's motion for summary judgment was based solely on the contention that it had proved as a matter of law that Kittrell was not acting within the course and scope of his employment at the time of the accident. Because proof of that contention is irrelevant to, and thus cannot defeat, appellant's negligent entrustment and negligent supervision claims, appellee presented no evidence showing that it was entitled to summary judgment on those claims."
October 17, 2005 at 12:00 AM
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