This section contains the nature of the case and procedural background.

Swenson (D) worked for Burns (D1) as a security guard. Guards were expected to eat on post and many simply carried bag lunches with them. They also ordered food from the Frontier Cafe that was approximately 250 yards from the guard post. On the day of the accident, D decided to get soup from the cafe and return to her post to eat it. D expected to be gone for 10-15 minutes. Guards at D1 were expected to man their posts in continuous shifts with no scheduled breaks. Guards were permitted to take unscheduled breaks for lunch and restroom needs. When D returned from her break, she hit a motorcycle at a public intersection outside D1's property. Several people were injured. D1 moved for summary judgment claiming that D was not acting in the scope of her employment. That motion was granted, and the appeals court affirmed.

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