Wilson v. Joma, Inc.
Delaware Supreme Court
537 A.2d 187 (1988)
Carl L. Wilson (plaintiff) was struck by James DeMaio while DeMaio was driving his motorcycle to pick up lunch for himself and some coworkers during his lunch break. DeMaio was an employee of Joma, Inc. (defendant) d/b/a Three J’s Discount Tire and Gas Center, an automobile service station. At times, DeMaio served Joma in a supervisory capacity. Routinely, supervisors at Joma left the station during their lunch break to pick up lunch for themselves and nonsupervisory employees. Nonsupervisory employees were not permitted to leave the station during business hours. Wilson filed suit against Joma, claiming that DeMaio was acting within the course and scope of his employment while picking up lunch on his break. The lower court granted summary judgment in favor of Joma, finding that its employee was not acting within the scope of his employment during his lunch break. Wilson appealed to the Delaware Supreme Court.
Rule of Law
Holding and Reasoning (Moore, J.)
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