Solberg v. Borden Light Marina, Inc. 

Musician Richard Solberg and his wife, Dorine (plaintiffs) sued Borden Light Marina (BLM); its president, Michel Lund; and boat owner Kevin Munro (defendants) after Solberg was injured in a boating accident. Solberg’s band was scheduled to play two nights at the Tipsy Seagull, a floating restaurant and bar accessible only by a gangway from BLM’s fuel dock but owned by separate entity Barge LLC. After the band performed the first night and Lund finished his tasks for BLM, Lund took Solberg out with a group for a boat ride. The boat hit a submerged rock, resulting in Solberg’s injury. The Solbergs alleged Lund was a manager of Barge as well as BLM’s president. Lund was not involved in Barge’s day-to-day operations but supervised the Tipsy Seagull’s managers and oversaw hiring of musicians. Lund himself hired Solberg and paid his band in cash. Lund was also responsible for organizing social events for BLM customers, and Solberg slept on boats docked at BLM when he played the Tipsy Seagull. Solberg testified that as a performer there, he often received perks, including boat rides, food, and lodging. Finally, BLM encouraged marina customers to go to the Tipsy Seagull and promoted it in BLM advertising. BLM moved for summary judgment, arguing Lund was outside the scope of his employment for BLM when the accident occurred.