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O'Shea v. Welch

United States Court of Appeals for the Tenth Circuit
350 F.3d 1101 (10th Cir. 2003)

O'Shea v. Welch


Mr. Welch, an Osco manager, was driving from his Osco store to the Osco District Office to deliver tickets that the company had obtained from a vendor and was to distribute to Osco employees. On the drive, Welch decided to pull into a gas station on the way to get an estimate for maintenance on his car. When he started to pull in, he ran into O’Shea (plaintiff). O’Shea brought suit against Welch and Osco (defendants). The district court granted Osco’s motion for summary judgment, holding that Welch was not within the scope of his employment when he turned into the gas station. O’Shea appealed.

Rule of Law


Holding and Reasoning (McKay, J.)

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