No. 2 CA-CIV 3104.

122 Ariz. 490 (1979)

595 P.2d 1035

Wayne FAUL and Virginia Faul, husband and wife, Plaintiffs-Appellants, v. JELCO, INC., a Foreign Corporation, Defendant-Appellee.

Court of Appeals of Arizona, Division 2.

Rehearing Denied May 2, 1979.

Review Denied May 30, 1979.

Attorney(s) appearing for the Case

Scott W. Schlievert, Tucson, for plaintiffs-appellants.

Murphy & Hazlett by Thomas M. Murphy, Tucson, for defendant-appellee.



Appellants brought a personal injury tort action alleging negligence by appellee's employee and joining appellee as defendant on the theory of respondeat superior, appellee's motion for summary judgment, which denied the employee was acting within the scope of his employment at the time of the accident, was granted. We affirm the summary judgment.

We view the facts most favorably to appellants to determine whether material...

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