GARCIA v. SAM TANKSLEY TRUCKING, INC.

No. 81-1208.

708 F.2d 519 (1983)

Johnnie GARCIA, individually and as next friend of Suzanne Garcia; Yolanda Torrez, individually and as next friend of Reggie Aispuro a/k/a Reggie Torrez, and Beverly Baca; and Flora Garcia, Plaintiffs-Appellees, v. SAM TANKSLEY TRUCKING, INC., Defendant-Appellant, John Carlton Truesdell and Sharon Truesdell, Defendants.

United States Court of Appeals, Tenth Circuit.

May 26, 1983.


Attorney(s) appearing for the Case

John S. Catron and W. Anthony Sawtell of Catron, Catron & Sawtell, Santa Fe, N.M., for defendant-appellant.

William N. Henderson of Atkinson & Kelsey, P.A., and Leon Taylor, Albuquerque, N.M., for plaintiffs-appellees.

Before HOLLOWAY, DOYLE and SEYMOUR, Circuit Judges.


SEYMOUR, Circuit Judge.

Defendant Sam Tanksley Trucking, Inc. (Tanksley) appeals from a jury verdict awarding $45,000 to plaintiffs for damages resulting from a collision between their automobile and one of Tanksley's tractor-trailer trucks. On appeal, Tanksley asserts that its employee-driver, John Truesdell, was acting outside the scope of his employment as a matter of law at the time of the incident. Tanksley also claims the jury was substantially prejudiced by...

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