PYNE v. WITMER

No. 66011.

129 Ill.2d 351 (1989)

543 N.E.2d 1304

KEITH L. PYNE, Appellee, v. WILLIAM E. WITMER et al. (D.R.W. Enterprises, Inc., Appellant).

Supreme Court of Illinois.

Rehearing denied September 29, 1989.


Attorney(s) appearing for the Case

Judge & Knight, Ltd., of Park Ridge (Jay S. Judge, Sarah Hansen Sotos and Colleen H. Considine, of counsel), for appellant.

Pollock, Meyers & Eicksteadt, Ltd., of Marengo (Richard W. Eicksteadt, of counsel), for appellee.


Judgment affirmed.

JUSTICE STAMOS delivered the opinion of the court:

In this automobile accident case based on a theory of respondeat superior, we are asked to examine the entry of summary judgment in favor of the defendant employer. The central issue is whether a triable question of fact existed as to whether, at the time of the accident, the defendant's employee was within the scope of his employment. We conclude that a factual question sufficient...

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