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MAY 16, 2000

SUPREME COURT OF LOUISIANA

99-C-3264

MICHAEL TIMMONS and WANDA TIMMONS versus STACIE MICHELLE SILMAN AND STATE FARM FIRE AND CASUALTY COMPANY AND STATE FARM MUTUAL AUTO INSURANCE

******************** ON WRIT OF CERTIORARI TO THE COURT OF APPEAL, SECOND CIRCUIT, PARISH OF OUACHITA ******************** KNOLL, Justice* The writ before us concerns whether an employee's deviation from an employment related errand is so substantial as to render her deviation outside the course and scope of employment. During the deviation, a multi-vehicle accident occurred between Stacie Michelle Silman (Silman), Michael Timmons, and Bobby Hamilton (Hamilton)1 in the intersection of 18th Street and Stubbs Avenue in Monroe, Louisiana. In addition to filing suit against Silman and her motor vehicle insurer for injuries arising out of the accident, Michael Timmons and his wife, Wanda, (the Timmonses) filed suit against the insurer of Silman's employer, State Farm Fire and Casualty Insurance Company (State Farm), alleging that Silman's employer was vicariously liable for the damages arising out of Silman's fault. The trial court and court of appeal held that Silman's deviation was not in the course and scope of her

*

Marcus, J., not on panel. See La. S. Ct. R. IV, Part 2,

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Louisiana Law