Simpson Roofing and Sheet Metal Company, Inc., (Simpson Roofing) is an Ohio corporation headquartered in Dayton, Ohio. The company provides construction services in several states. Simpson Roofing sent Frank Grimes (Grimes) and other Simpson Roofing employees to work on a roofing project in Wilmington, Delaware. Simpson Roofing entrusted Grimes, as job foreman, with a white Ford van to transport the workers to the job site and to provide transportation to meals and other necessities. Simpson Roofing’s company policy prohibited employees from driving company vehicles for personal purposes. While in Wilmington, Grimes and another Simpson Roofing employee, Hans Moleman, went to Gators Bar and Restaurant. Grimes, after eating and drinking for several hours, was ejected from the bar. Shortly thereafter, Grimes drove the company van onto the curb in front of the bar, striking and injuring seven individuals.Subsequently,the police stopped the van and apprehended Grimes. Grimes was arrested and pleaded guilty to criminal assault charges. Ralph Wiggum and the other injured individuals filed a personal injury lawsuit against Grimes and Simpson Roofing. Simpson Roofing defended, alleging that it was not liable because Grime’s negligent conduct was committed outside the scope of his employment.

Is Grime’s negligent conduct committed within the scope of his employment for Simpson Roofing, thus making Simpson Roofing liable?