Fountaine v. Hersey, No. 315410, 2014 WL 5408775
Oct 23, 2014OUTCOME: Settled
In this case, Hersey's work for EPP required him to travel to clients throughout the state. EPP required him to have a driver's license as a condition of his employment. Indeed, the vast majority of He ... rsey's job entailed traveling to clients; he traveled to EPP's office only once each week for meetings. In short, Hersey was a traveling salesman, required by EPP to drive to the homes of his clients. At the time of the accident, it is undisputed that Hersey was traveling home after completing a sales call scheduled by EPP. Because an employer may be liable for the torts of its employees “committed while going to or coming from work if the employee's trip involved a service of benefit to the employer,” Kester, 44 Mich.App at 24, the trial court correctly found that a question of fact existed regarding whether Hersey was acting within the scope of his employment at the time of the accident. Fountaine v. Hersey, No. 315410, 2014 WL 5408775, at *8 (Mich. Ct. App. Oct. 23, 2014).
