Clay Fruit, a life insurance salesman, was required to attend a business convention conducted by his employer.

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Clay Fruit, a life insurance salesman, was required to attend a business convention conducted by his employer. The convention included social as well as business events, and Fruit was encouraged to mix freely with out of-state agents in order to learn as much as possible about sales techniques. One evening, after all scheduled business and social events had concluded, Fruit drove to a nearby bar and restaurant, looking for some out-of-state colleagues. Finding none, he drove back toward his hotel. On the journey back, he negligently struck the automobile of the plaintiff, causing serious injuries to plaintiff’s legs. Was Fruit in the course and scope of his employment at the time of the accident? From whom will the plaintiff be able to recover?

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