Rebecca Skala, as Special Administrator of the Estate of Sir Christopher Earnest Walker Skala, and as Guardian of…

Summary

The court held that the workers’-compensation going-and-coming rule does not control a tort claim based on respondeat superior. Instead, whether an employee traveling to a remote jobsite acted within the scope of employment must be evaluated under traditional respondeat superior principles, and the undisputed facts permitted reasonable inconsistent conclusions. The court also held that the circuit court improperly granted summary judgment on direct-liability claims that were not addressed in the employer’s summary-judgment motion.