George B. Amend V. Bell

This is a personal injury suit arising from an intersection collision. To get at the issues, we need to consider the pleadings. The individual defendant, who was the disfavored driver in an uncontrolled intersection, admitted in his answer that he failed to yield the right-of-way and that such was a proximate cause of the collision. He alleged that plaintiff was guilty of negligence, and/or contributory negligence, and/or comparative negligence which was a proximate cause of the collision. Defendant alleged that plaintiff driver's Volkswagen was equipped with a shoulder harness seat belt, but that she was not wearing it at the time of the collision which caused in whole, and/or contributed to, and/or enhanced, and/or aggravated her injuries. Plaintiff alleged that the individual defendant, a lawyer, was acting within the scope of his employment by the defendant professional services corporation which employed defendant lawyer and in which he was a stockholder and officer. Defendant alleged that he was not acting within the scope of his employment.