Barnes v. Fernandez

This is an appeal from that portion of a judgment upon a directed verdict in favor of the defendant Jay Brown. He was the owner of a truck with which the plaintiffs automobile collided and was also the employer of the defendant Fernandez, who was the operator of the truck at the time of the accident. The plaintiff sustained extensive personal injuries and the jury returned - Page 984 a verdict in his favor and against the defendant Fernandez in the sum of $64,677.46. The basis for the defendant Browns motion for directed verdict was that the defendant Fernandez, his employee, was not engaged upon the business of, or upon the direction of, his master at the time of the accident.