United States Tenth Circuit

Summary judgment to defendant/employer is reversed where a reasonable jury could find that employee's attempted deviation from his direct route to obtain non-emergency vehicle maintenance was something which employer might reasonably be deemed to have anticipated and assented to.

Appellate Information

• Decided 11/26/2003
• Published 11/26/2003

Judges

• McKAY, Circuit Judge., Before HARTZ, HOLLOWAY, and McKAY, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• Donald M. McLean (Benjamin M. Kieler and Michael L. Baumberger with him on the briefs) of Hayes & Kieler, L.L.C., Overland Park, KS, for Plaintiff-Appellant.


• For Appellees:
  
• Danny L. Curtis of McDowell, Rice, Smith & Gaar, P.C., Kansas City, MO (Suzanna L. Trower of McDowell, Rice, Smith & Gaar, P.C., Kansas City, MO, and Dion J. Sartorio of Tressler, Soderstrom, Maloney & Priess, Chicago, IL, with him on the brief), for Defendant-Appellee.