WILLIAMS v. RENE

No. 95-7226.

72 F.3d 1096 (1995)

Antonio WILLIAMS v. Joseph RENE; Esso Virgin Islands, Inc. Scott Drake; John Doe, Third-party Defendants. Esso Virgin Islands, Inc., Appellant.

United States Court of Appeals, Third Circuit.

Decided November 15, 1995.


Attorney(s) appearing for the Case

Robert T. Lehman (argued), Arthur H. Jones, Jr., Archer & Greiner, A Professional Corporation, Haddonfield, New Jersey, Douglas L. Capdeville, Christiansted, St. Croix, U.S.A. Virgin Islands, for Appellant.

Lee J. Rohn (argued), Maurice J. Cusick, Rohn & Cusick, Christiansted, St. Croix, U.S.A. Virgin Islands, Linda Morgan, Christiansted, St. Croix, U.S.A. Virgin Islands, Renee D. Dowling, Christiansted, St. Croix, U.S.A. Virgin Islands, for Appellee.

Before STAPLETON, LEWIS and WEIS, Circuit Judges.


OPINION OF THE COURT

WEIS, Circuit Judge.

In this Virgin Islands automobile accident case, evidence that an employee was driving a company car for his own convenience, together with a presumption of vicarious liability on the part of the employer, raised a question for the jury to resolve. Because the trial court granted a partial judgment as a matter of law against the employer on the respondeat superior issue, we will reverse and remand for a new...

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