Question: Thomas Kimbro a Department of Public Safety DPS officer was
Thomas Kimbro, a Department of Public Safety (DPS) officer, was the driver of a state-owned vehicle that struck Brystal McCloud's vehicle on April 1, 2005. Kimbro normally worked in Phoenix, where he lived, but at the time of the accident he was temporarily assigned to Douglas and surrounding areas, including Sierra Vista, where the accident occur red. While there, Kimbro stayed in a local motel. On the day of the accident, Kimbro had begun his workday at 4 a.m., ended his scheduled time at noon, and worked some overtime. Shortly before the accident, he stopped at the Sierra Vista DPS station and got the name of a local restaurant. He and other members of his unit, including his supervisor, were driving to the restaurant at the time of the accident. Kim- bro was looking for it as he drove, did not see traffic stopped in front of him, and struck McCloud's vehicle. McCloud suffered injuries, incur red medical expenses, lost earnings, and sustained damage to her vehicle. She fi led an administrative claim against the state of Arizona, DPS, and Kimbro. The issue at court was whether Kimbro was acting within the scope of his employment at the time of the accident. In other words, should the Department of Public Safety be held vicariously liable for Kimbro's actions? Why or why not?
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