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Click here for the full text of this decision FACTS:Ransor Inc., a towing company, employed Kerry Kittrell as a driver. Kittrell had been drinking at a bar earlier in the day, and, while driving a Ransor truck later on, was involved in an accident with a car driven by David Green. Local police charged Kittrell with driving while intoxicated. Green sued Ransor under theories of respondeat superior and negligent entrustment. The trial court granted Ransor’s motion for summary judgment. HOLDING:Affirmed in part; reversed and remanded in part. Summary judgment on the respondeat superior theory was correct, the court holds. The evidence showed that Kittrell was intoxicated, that company policy prohibited drinking and driving, and that, at the time of the accident, Kittrell did not have his employer’s permission to drink and then drive a company truck. The only evidence Green offered was that these elements, standing alone, do not establish that an employee has acted outside the course and scope of his employment. The court adds that an internal mistake on the accident report � the accident was said to have occurred at 9:30 a.m. in one place in the report, and 9:30 p.m. in another place in the report � does not raise a fact issue as to whether Kittrell was acting within the course and scope of his employment. Summary judgment on the negligent entrustment theory was improper, though, the court rules, because Ransor’s motion for summary judgment dealt only with the respondeat superior claim. Because proof of whether Kittrell was acting in the course and scope of his employment is irrelevant to a finding of negligent entrustment, the trial court should not have disposed of that claim by summary judgment. OPINION:Livingston, J.; Livingston, Gardner and Walker, JJ.

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