Scott v. Hughes
Annotate this CaseDefendant Christopher Hughes was the driver in a one-car accident that killed one passenger and injured two others. At the time of the accident, the four were traveling together to work on a drilling crew for employer Duke Drilling. The two injured passengers and the common law wife of the deceased passenger brought civil suits against Hughes. After a jury trial, Hughes was found to be negligent. Because the jury found Hughes was not in the course and scope of his employment at the time of the accident, the trial court concluded Hughes was not covered by a fellow servant immunity under the Kansas Workers Compensation Act. The Supreme Court reversed, holding (1) the travel in which Hughes was engaged on the morning of the accident was an intrinsic part of Hughes' job, and thus, Hughes was within the course and scope of his employment; and (2) therefore, Hughes was entitled to fellow servant immunity, and Plaintiffs' civil lawsuits against him were barred.
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