Orozco v. County of El Paso (Opinion)
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In this workers' compensation case involving the death of a deputy sheriff who died in a vehicular accident while driving his assigned patrol car the Supreme Court reversed the judgment of the court of appeals reversing the summary judgment rendered by the trial court for the deputy's widow, holding that, at the time of the accident, the deputy was engaged in law enforcement activity within the course and scope of his employment.
In granting summary judgment fort he deputy's widow the trial court concluded that the deputy was in the course and scope of his duties at the time of his death. The court of appeals reversed, concluding that because the accident occurred during the deputy's travel home from an extra-duty assignment with a private employer the deputy was not in the course and scope of his employment. The Supreme Court reversed, holding (1) the deputy was operating the marked patrol car with the county's permission and under its authority at the time of his death; and (2) therefore, summary judgment was properly granted in the widow's favor.
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