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WILSON v. JOMA, INC.

537 A.2d 187 (1988)

Carl L. WILSON, Plaintiff Below, Appellant, v. JOMA, INC., d/b/a Three J's Discount Tire and Gas Center, a Delaware Corporation, Defendant Below, Appellee.

Supreme Court of Delaware.

Decided: February 5, 1988.

Attorney(s) appearing for the Case

Robert Pasquale, and Arthur M. Krawitz, of Doroshow & Pasquale, Wilmington, for appellant.

F. Alton Tybout, and Sherry Ruggiero, of Tybout, Redfearn, Casarino & Pell, Wilmington, for appellee.

Before HORSEY, MOORE and WALSH, JJ.

MOORE, Justice.

We address the so-called "dual purpose" rule regarding the potential liability of an employer for the off premises tortious acts of an employee during a lunch hour. The Superior Court granted summary judgment to the defendant Joma, Inc., holding that when the plaintiff, Carl L. Wilson, was injured by a Joma employee during the latter's lunch break, the employee was not acting within the course and scope of his employment. Because we conclude that there...

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