Higginbotham Case Summary

On the morning of June 4, 2008, James Higginbotham ("Appellant") and his wife, Darleen Higginbotham, were struck by a car driven by Jason Steven Hampton, killing Darleen and leaving James with serious injuries. The morning of the accident, Hampton who was an automobile-parts delivery driver employed by Power Ford of Scottsdale ("Appellees"). Hampton made a delivery then a pick up and having sufficient time before having to take the part to Bell Ford, Hampton stopped by the store to buy a soda. While on his way home to retrieve cigarettes the accident occurred. Higginbotham filed suit against Hampton and Power Ford for negligence and wrongful death, alleging that at the time of the collision, Hampton was acting as an agent of the Appellees. The Appellees moved for summary judgment on the grounds that Hampton was not working within the scope of his employment when he struck the victims with his car. Granting the motion, the court ruled that the Appellees had no control over Hampton as he was not acting to further their business. Appellant timely appealed.

R. Civ. P. 56(c)(1). The disputing factors are if Hampton was under the control of the Appellees at the time of the collision and whether he was within the authorized time and space limits of his employment. The Appellees argued that they could not exercise control over Hampton as he was off duty between delivery runs, therefore, he was not under the scope of his employment during that time of the accident. The Appellant contended that under the authorization of his employer, Hampton was merely on a short refreshment