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

P and her daughter were injured when Wicks, a 28-year veteran of the police force struck them with his SUV as the crossed a street. The baby carriage with the child still in it was dragged for more than 600 ft. Wicks left without stopping. Wicks slowed down, looked back and then sped away. A partial plate number revealed Wicks as a suspect in the hit and run. Wicks was told to remain at the station, but he went home. Officers found him dead, and they confirmed it was his car that dragged the baby stroller. P sued D, alleging respondeat superior. The jury found Wicks negligence but divided on the issue of the scope of his employment. The trial court entered a judgment of nonsuit of P’s claim against D. P appealed.

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