David Bryce London v. Texas Power & Light Co‪.‬

This is a wrongful death case arising out of an automobile accident. David Bryce London, plaintiff, sued Larry Edmond Martin and Texas Power & Light Company. Texas Power & Light was awarded summary on the grounds that Larry Edmond Martin, its employee, was not acting within the course and scope of his employment at the time and on the occasion of the accident. The sole question presented is whether mileage compensation, paid by the employer, places the employee in the course and scope of employment while traveling to and from a temporary work site in the employees automobile. We hold that it does not, and therefore, appellants summary judgment evidence raises no genuine issue as to a material fact, and we, therefore, affirm.