PEPL v. WINGER

No. 19699.

566 N.W.2d 125 (1997)

1997 SD 77

SOUTH DAKOTA PUBLIC ENTITY POOL FOR LIABILITY, a/k/a South Dakota Public Assurance Alliance, a Local Government Risk Pool, Plaintiff and Appellant, v. Thomas D. WINGER and Michaelea Winger, Defendants and Appellees.

Supreme Court of South Dakota.

Decided July 2, 1997.


Attorney(s) appearing for the Case

James S. Nelson, Mark J. Connot of Gunderson, Palmer, Goodsell & Nelson, Rapid City, for appellant.

Michael A. Wilson of Quinn, Eiesland, Day & Barker, Rapid City, for appellees.


KONENKAMP, Justice.

[¶ 1.] Thomas Winger, a Pennington County Highway Department crew leader, spent most of his evening sightseeing and going to bars before his 9:43 p.m. motorcycle accident while on his way home. Amid these excursions, he inspected a job site. As an "on call" employee, was he acting "within the scope of employment" and "on behalf of or in the interest of" his employer at the time of the accident, entitling him to underinsured motorist coverage...

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