The decision in Campbell v. Munoz concerns an interesting fact pattern on whether an employee was acting within the scope of his employment when his actions allegedly caused the injury of the plaintiff.
The facts are odd. The plaintiff injured herself while running away from a falling tree originating in her neighbor's yard. Her neighbor's relative, the employee, was removing a tree free-of-charge. The defendant Reliable Tree Service, Inc. allowed the employee to use its truck and equipment to perform the work. Reliable also encourage the employee to engage two other crew members with the tree removal.
Nassau County, Supreme Court (Feinman, J.), concluded that an issue of fact existed as to whether Reliable's employees were engaged in the business of Reliable or acting within the express or implied authority of Reliable.