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Trahan-Laroche v. Lockheed Sanders, Inc.
Citation:
657 A.2d 417 (N.H. 1995)Facts
Patrick Maimone was employed by Lockheed Sanders as a maintenance mechanic. Part of Maimone’s job was to hay the fields at Lockheed Sanders’s facilities. As part of his employment, Maimone provided the haying equipment, and in return was allowed to keep any hay that he removed from the fields.
After haying one of Lockheed Sanders’ facilities, Maimone was driving toward a store in order to sell the excess hay when his trailer separated from his truck, colliding with Rita Trahan-Loche and Lucien Loroche’s car. Trahan-Laroche and Laroche sued Lockheed Sanders under the concept of negligent supervision and respondeat superior. The trial court granted summary judgment for Lockheed Sanders, finding that Maimone was not acting in the scope of his employment when the plaintiffs’ injury occurred. The plaintiffs appealed, claiming that Maimone’s personal use of the trailer was part of the agreement between Lockheed Sanders and Maimone, and therefore incidental to Maimone’s employment.
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