Bradley v. Hidden Valley Transportation, Inc.

557 S.E.2d 610, 148 N.C. App. 163, 2001 N.C. App. LEXIS 1292
CourtCourt of Appeals of North Carolina
DecidedDecember 28, 2001
DocketCOA01-150
StatusPublished
Cited by23 cases

This text of 557 S.E.2d 610 (Bradley v. Hidden Valley Transportation, Inc.) is published on Counsel Stack Legal Research, covering Court of Appeals of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Bradley v. Hidden Valley Transportation, Inc., 557 S.E.2d 610, 148 N.C. App. 163, 2001 N.C. App. LEXIS 1292 (N.C. Ct. App. 2001).

Opinions

TYSON, Judge.

Brenda Gail Bradley and Sonya Annette Bradley (individually “Sonya,” collectively “plaintiffs”) appeal an order granting Hidden Valley Transportation, Inc.’s (in this action “defendant,” in previous actions “Hidden Valley”) motion for summary judgment. We affirm the trial court’s order.

I. Facts

On 18 September 1995 at approximately 7:00 p.m., Gary Dale Price (“Price”), an employee of defendant, was driving a truck owned by Sherry Lee’s (president of defendant, “Mrs. Lee”) husband, Edwin Aaron Lee (“Mr. Lee”). It collided into the side of a pickup truck driven by Tracy L. Brackett (“Brackett”), causing it to careen into Harvey Lee Bradley’s (deceased husband of plaintiff, “Mr. Bradley”) car, killing him, and injuring Sonya, who was a passenger in the car. Price was charged with failing to yield the right-of-way.

Plaintiffs filed a complaint against Price, Mr. Lee, Mrs. Lee, Brackett, and Gary William Brackett on 5 December 1996. Plaintiffs amended their complaint naming Hidden Valley as an additional defendant. Plaintiffs settled their claims with all parties except for Hidden Valley. The trial court later dismissed Hidden Valley without prejudice. On 24 February 2000, plaintiffs re-filed against defendant. The parties agreed that discovery from the previous action, as well as discovery from a related case of John Deere Ins. Co. v. Bradley, et al., 98 CVS 825, (“John Deere”), would be utilized in the new action. Defendant’s motion for summary judgment was granted on 9 November 2000. Plaintiffs appeal.

[165]*165II. Issue

Plaintiffs assign as error the trial court’s granting of defendant’s motion for summary judgment because (1) genuine issues of material fact exist, and/or (2) the doctrine of collateral estoppel previously established defendant’s vicarious liability.

A. Genuine Issues of Material Fact

Plaintiffs contend that whether Price was acting within the scope of his employment at the time of the accident is a disputed issue of material fact precluding summary judgment. They argue that the “commuting rule” should not apply because Price was “about his master’s business when he was returning his master’s property.” Alternatively, plaintiffs argue that there is a disputed issue of fact with respect to whether defendant had an interest in the truck Price was driving. We disagree.

We review a grant of summary judgment with a two-part analysis: “(1) the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, show that there is no genuine issue as to any material fact; and (2) the moving party is entitled to judgment as a matter of law.” Gaunt v. Pittaway, 139 N.C. App. 778, 784, 534 S.E.2d 660, 664 (2000), cert. denied, - U.S. -, - L. Ed. 2d - (October 9, 2001).

The burden of proof rests with the movant to show that summary judgment is appropriate. Development Corp. v. James, 300 N.C. 631, 637, 268 S.E.2d 205, 209 (1980). We review the record in the light most favorable to the non-moving party. Caldwell v. Deese, 288 N.C. 375, 378, 218 S.E.2d 379, 381 (1975).

“If an employee is negligent while acting in the course of employment and such negligence is the proximate cause of injury to another, the employer is liable in damages under the doctrine of respondeat superior . . . .” Reich v. Price, 110 N.C. App. 255, 261, 429 S.E.2d 372, 376 (1993) (quoting Johnson v. Lamb, 273 N.C. 701, 707, 161 S.E.2d 131, 137 (1968)). “[A]ccidents occurring while an employee is commuting to or from work do not arise out of or occur in the course of the employee’s duties of employment.” Wright v. Wake County Public Schools, 103 N.C. App. 282, 283-84, 405 S.E.2d 228, 229 (1991) (citing Barham v. Food World, 300 N.C. 329, 266 S.E.2d 676, reh’g denied, 300 N.C. 562, 270 S.E.2d 105 (1980)).

Plaintiffs argue that the jury could conclude that the following facts may prove that Price was within the scope of his employment [166]*166when the collision occurred: (1) Mrs. Lee’s personal residence doubled as the corporate headquarters because certain corporate records were stored there, (2) that the truck Price was driving was “used at various times by numerous employees of defendant,” (3) the truck had a personalized front license plate frame with defendant’s name, (4) the truck was used for defendant’s business that day, (6) the truck may have contained defendant’s bank statements and Mrs. Lee’s pocketbook, and (6) that defendant had an ownership interest in the truck.

All of this evidence taken in the light most favorable to plaintiffs fails to raise a reasonable inference that Price was acting within the scope of his employment at the time of the collision. Price was an hourly employee who had clocked out for the day and was not being paid when he was returning Mr. Lee’s truck to his house at 7:00 p.m. We conclude that Price was performing a purely personal obligation at the time of the accident. This assignment of error is overruled.

IV. Collateral Estoppel

Plaintiffs argue that defendant’s vicarious liability was previously judicially decided when the trial court in the John Deere case: (1) granted plaintiffs’ motion to amend its complaint to add Hidden Valley as a defendant, and (2) denied John Deere Insurance Company’s (“John Deere”), Hidden Valley’s insurer, motion for summary judgment. Plaintiffs contend that those rulings preclude summary judgment in favor of defendant in this action. We disagree.

It is true that “[c]ollateral estoppel can serve as the basis for summary judgment.” Murakami v. Wilmington Star News, Inc., 137 N.C. App. 357, 359, 528 S.E.2d 68, 69 (2000) (citing Beckwith v. Llewellyn, 326 N.C. 569, 573, 391 S.E.2d 189, 191, reh’g denied, 327 N.C. 146, 394 S.E.2d 168 (1990)).

“ ‘Collateral estoppel precludes relitigation of an issue decided previously in judicial or administrative proceedings provided the party against whom the prior decision was asserted enjoyed a full and fair opportunity to litigate that issue in an earlier proceeding.’ ” Rymer v. Estate of Sorrells, 127 N.C. App. 266, 268, 488 S.E.2d 838, 840 (1997) (quoting In re McNallen, 62 F.3d 619, 624 (4th Cir. 1995) (citations omitted)).

The requirements for the identity of issues to which collateral estoppel may be applied have been established by this Court as follows: (1) the issues must be the same as those involved in the

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Bradley v. Hidden Valley Transportation, Inc.
557 S.E.2d 610 (Court of Appeals of North Carolina, 2001)

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Bluebook (online)
557 S.E.2d 610, 148 N.C. App. 163, 2001 N.C. App. LEXIS 1292, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bradley-v-hidden-valley-transportation-inc-ncctapp-2001.