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

Summary

The court reversed summary judgment for Comfort Systems and remanded, holding that the workers'-compensation going-and-coming rule does not govern respondeat-superior claims and that the traditional scope-of-employment analysis applies. Although the material facts were undisputed, reasonable minds could draw inconsistent conclusions about whether the employee was acting within the scope of employment while traveling to a remote jobsite, making summary judgment improper. The court also held that the circuit court improperly granted summary judgment on direct-negligence claims that were not addressed in Comfort Systems' motion.