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Mastec N. Am. Inc. v. Sandford

The defendant satellite television field technician was not acting within the course and scope of his employment at the time he ran a stop sign in his employer's work van and collided with the plaintiffs' vehicle, as there was direct evidence that he was driving home from his last appointment of the day.

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In this interlocutory appeal, Mastec North America, Inc. “Mastec” and DirecTV, Inc.California “DirecTV” appeal from the trial court’s order denying their motion for summary judgment. They contend that no genuine issues of material fact exist as to whether a field technician was acting in the course and scope of his employment at the time he ran a stop sign and collided with another vehicle. For the reasons explained below, we agree and therefore reverse.

“Summary judgment is appropriate when no genuine issues of material fact remain and the movant is entitled to judgment as a matter of law. We review a trial court’s grant of summary judgment de novo, construing the record and all reasonable inferences in favor of the nonmoving party.” Citation and punctuation omitted. Effingham County Bd. of Tax Assessors v. Samwilka, Inc., 278 Ga. App. 521 629 SE2d 501 2006. So viewed, the record shows that Warnock was employed by Mastec as a field technician to go to the home of DirectTV customers to install and repair satellite TV equipment provided by DirectTV. At the time of the accident, Warnock was driving a Mastec work van. Warnock authorized Mastec to deduct $40 per week from his paycheck for the privilege of driving the work van to and from his home at the start and end of each workday.

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