Bennerson was employed by the Checker Garage Service Corporation as an auto mechanic. His duties included both assisting mechanics in the garage and making road calls to service vehicles owned and operated by his employer.
During his lunch hour, Bennerson used one of his employer's taxi cabs to drive to a restaurant. En route to the restaurant, he was seriously injured when the taxi struck a pole. Bennerson filed a claim before the workers'compensation board. His claim was granted.
Checker Garage appealed, arguing among other things that the taxi that Bennerson drove did not "go out of control" but that Bennerson had lost control. Was Checker correct? Explain.
Bennerson v. Checker Garage Service Corporation, 388 N.Y.S.2d 374 (NY).