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ENGLER v. GULF INTERSTATE ENGINEERING, INC.

No. CV-11-0273-PR.

280 P.3d 599 (2012)

Aaron ENGLER, an unmarried man, Plaintiff/Appellant, v. GULF INTERSTATE ENGINEERING, INC., a corporation, Defendant/Appellee.

Supreme Court of Arizona, En Banc.

July 9, 2012.

Attorney(s) appearing for the Case

Don B. Engler, P.C., By Donald B. Engler , Yuma, and Aboud & Aboud, P.C., By Michael J. Aboud , Tucson, Attorneys for Aaron Engler.

Holloway Odegard & Kelly, P.C., By Peter C. Kelly, II , Charles M. Callahan , Michelle N. Ogborne , Phoenix, Attorneys for Gulf Interstate Engineering, Inc.

OPINION

BERCH, Chief Justice.

¶ 1 In this case, we address whether an employer can be held vicariously liable for an after-work accident caused by an employee who was on an extended away-from-home assignment. We hold that because the employee was not subject to his employer's control, he was not acting within the scope of his employment at the time of the accident and the employer is therefore not liable for his actions.

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