BAUER v. MARKOVICH

No. C4-91-1342.

484 N.W.2d 437 (1992)

Donald L. BAUER, as Trustee for the next of kin of Arlene M. Bauer, Deceased, Appellant, v. Thomas Ronald MARKOVICH, et al., Defendants, Kenneth K. Dahl Contracting, Inc. d/b/a Kenneth Dahl Contracting, Respondent.

Court of Appeals of Minnesota.

May 5, 1992.


Attorney(s) appearing for the Case

Gary L. Kujawski, Stevens Law Offices, Roseville, for appellant.

John M. Kennedy, Jr., Roger L. Kramer, Jardine, Logan & O'Brien, St. Paul, for respondent.

Considered and decided by SHORT, P.J., and HUSPENI and MULALLY, JJ.


OPINION

SHORT, Judge.

This wrongful death case involves the question of whether an employer is vicariously liable for an automobile accident caused when an employee lost control of his automobile due to his injection of cocaine. A jury found the driver was not acting within the scope and course of his employment at the time of the accident, and the trial court denied all post-trial motions. On appeal, the estate of the victim argues the trial court erred...

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