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SMITHEY v. HANSBERGER

No. 1 CA-CV 96-0189.

938 P.2d 498 (1996)

189 Ariz. 103

Charles B. SMITHEY and Janet Smithey, husband and wife; James R. Crawford and Wenda Crawford, husband and wife; Warren Atcitty and Julie Atcitty, husband and wife; and Gloria Ortega, surviving spouse of Ernesto M. Ortega, deceased, Plaintiffs-Appellants, v. Robert D. HANSBERGER, Defendant-Appellee.

Court of Appeals of Arizona, Division 1, Department A.

Reconsideration Denied January 30, 1997.

Review Denied June 24, 1997.

Attorney(s) appearing for the Case

Roush, McCracken & Guerrero by Bryn R. Johnson and Charles D. Roush, Phoenix, for Plaintiffs-Appellants Smithey, Crawford and Atcitty.

Ortega & Moreno, P.C. by Daniel R. Ortega, Jr., Phoenix, for Plaintiff-Appellant Ortega.

Lewis and Roca by Stephen M. Bressler, Deborah A. Nye and Susan M. Freeman, Phoenix, for Defendant-Appellee.

OPINION

RYAN, Judge.

In this appeal, we consider whether a worker who voluntarily drove a van that was part of an employer-provided van pool was acting in the scope of his employment. We conclude that he was, and thus affirm the trial court's decision precluding employees injured in an accident while passengers in the van from suing that co-worker for damages.

FACTS AND PROCEDURAL HISTORY

On March 22, 1994, appellee Robert Hansberger, an...

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