The Commercial Bank, Kemper County, DeKalb, Mississippi v. James Hearn, Individually, as Administrator of the Estate of Princess Rosa Hearn, Deceased, as Natural Guardian and Next Friend of Paris A. Hearn, Jennifer R. Hearn, and Joshua Hearn, All Minors, and on Behalf of All Wrongful Death Beneficiaries and Statutory Heirs, Known and Unknown of Princess Rosa Hearn, Deceased, and Pattie A. Hearn

Summary

The Mississippi Supreme Court held that a bank employee who was delivering United Way solicitation packages was not acting within the scope of his employment. Because the plaintiffs presented no evidence that charitable solicitation was the kind of work the employee was hired to perform, the court reversed and rendered the trial court's denial of summary judgment for the bank.

Holdings

1. Thornton was not acting within the course and scope of his employment when he delivered United Way solicitation packages. Indirect benefits that the Bank might receive from an employee's charitable activity do not establish respondeat superior liability.
2. The trial court erred by denying the Bank's motion for summary judgment because the Hearns failed to produce evidence creating a genuine issue of material fact on whether Thornton's conduct was within the scope of his employment.

Questions Presented

1. Whether Thornton was acting within the course and scope of his employment while delivering United Way solicitation packages during normal banking hours, such that the Bank could be held vicariously liable under respondeat superior.
2. Whether the trial court erred by denying the Bank's motion for summary judgment when the Hearns offered no evidence that delivering United Way solicitation packages was the kind of work Thornton was employed to perform.

Disposition

reversed_and_remanded