Kensington Assocs. v. West, 362 S.E.2d 900 (Va. 1987). · Go Syfert
Kensington Assocs. v. West, 362 S.E.2d 900 (Va. 1987). Cases Citing This Book View Copy Cite
“when the undisputed evidence shows that an employee's deviation from his employer's business is slight and not unusual, or, on the other hand, great and unusual, a court shall determine, as a matter of law, whether the employee was acting in the scope of his employment”
224 citation events (114 in the last 25 years) across 18 distinct courts.
Strongest positive: Wilson v. Pamunkey Regional Jail Authority (vaed, 2024-09-06)
Treatment trajectory · 1991 → 2026 · click a year to view as-of
1991 2008 2026
Top citers, strongest first. 50 distinct citers.
examined Cited as authority (verbatim quote) Wilson v. Pamunkey Regional Jail Authority
E.D. Va. · 2024 · signal: compare · quote attribution · 1 verbatim quote · confidence high
under the doctrine of respondeat superior, an employer is liable for the tortious act of his employee if the employee was performing his employer's business and acting within the scope of his employment.
examined Cited as authority (verbatim quote) Jones v. Kroger Ltd. Partnership I (2×) also: Cited as authority (quoted)
W.D. Va. · 2015 · signal: see · quote attribution · 2 verbatim quotes · confidence high
under the doctrine of respondeat superior, an employer is liable for the tortious acts of his employee if the employee was performing his employer's business and acting within the scope of his employment.
examined Cited as authority (verbatim quote) Tremel v. Reid (3×) also: Cited as authority (rule)
Albemarle Cir. Ct. · 1998 · signal: see · quote attribution · 1 verbatim quote · confidence high
when the undisputed evidence shows that an employee's deviation from his employer's business is slight and not unusual, or, on the other hand, great and unusual, a court shall determine, as a matter of law, whether the employee was acting in the scope of his employment
discussed Cited as authority (rule) Thomas v. Pamunkey Regional Jail Authority
E.D. Va. · 2025 · confidence medium
The theory of respondeat superior allows a plaintiff to recover damages from the employer of a tortious employee when “the employee was performing his employer’s business and acting within the scope of his employment.” Sosa, 2025 WL 864291 , at *12 (quoting Kensington Assocs. v. West, 362 S.E.2d 900, 901 (Va. 1987)).
discussed Cited as authority (rule) Thompson, Personal Representatives of the Estate of Paul Thompson v. Mediko, Inc.
E.D. Va. · 2025 · confidence medium
Plaintiffs may recover damages against an actor’s employers through the doctrine of respondeat superior “for the tortious acts of his employee if the employee was performing his employer’s business and acting within the scope of his employment.” Kensington Assocs. v. West, 234 Va. 430, 432 (1987).
discussed Cited as authority (rule) Tsupko v. Westlake Flooring Company LLC
E.D. Va. · 2025 · confidence medium
Because Westlake has itself asserted that Tsupko’s actions were actually Victory Motors’ actions, Westlake cannot demonstrate that there “was a complete stepping aside from the employer’s business.” Kensington Assocs. v. West, 234 Va. 430, 434 (1987).
cited Cited as authority (rule) Allen v. Barksdale
W.D. Va. · 2025 · confidence medium
Va. 2001) (quoting Kensington Assocs. v. West, 362 S.E.2d 900, 901 (Va. 1987)).
cited Cited as authority (rule) Futrell v. WDTC, LLC
E.D. Va. · 2025 · confidence medium
Kensington Associates v. West, 362 S.E.2d 900, 901 (Va. 1987).
cited Cited as authority (rule) Futrell v. AV Leasing LLC
E.D. Va. · 2025 · confidence medium
Kensington Associates v. West, 362 S.E.2d 900, 901 (Va. 1987).
discussed Cited as authority (rule) Alexis Mayes v. Catalyst Operations & Analytics, LLC
Va. Ct. App. · 2024 · confidence medium
Then, “the burden is on the [employer] to prove that the [employee] was not acting within the scope of his employment when he committed the act complained of, and . . . if the evidence leaves the question in doubt it becomes an issue to be determined by the jury.” Plummer, 252 Va. at 235 (alterations in original) (quoting Kensington Assocs. v. West, 234 Va. 430, 432-33 (1987)).
discussed Cited as authority (rule) Burke v. VitalCore Health Strategies, LLC
W.D. Va. · 2024 · confidence medium
In Virginia, an employer may be held liable “‘for the tortious act of his employee[s] if the employee[s] [were] performing [their] employer's business and acting within the scope of [their] employment.’” Id. (quoting Kensington Assocs. v. West, 362 S.E.2d 900, 901 (Va. 1987)).
examined Cited as authority (rule) H.C. v. Potomac Hospital Corporation of Prince William, etc. (4×) also: Cited "see"
Va. Ct. App. · 2024 · confidence medium
Psychiatrists, 252 Va. 233, 235 (1996) (quoting Kensington Assocs. v. West, 234 Va. 430, 433 (1987)); see Bentley v. Felts, 248 Va. 117, 119-20 (1994) (holding that if “reasonable minds could differ” about the appropriate resolution, the court should “den[y] the motion to strike”). -9- This “same standard is applicable to [the appellate court’s] review of the decision of the trial court granting the motion to strike.” Baysden v. Roche, 264 Va. 23, 26 (2002).11 The Court is further guided in its review by the well-established principle from Massie v. Firmstone, 134 Va. 450 (1922),…
discussed Cited as authority (rule) Fuentes v. Uber Technologies, Inc.
E.D. Va. · 2024 · confidence medium
Psychiatrists, Ltd., 252 Va. 233, 235 (1996)). “[A]n employee’s act falls within the scope of his employment only if (1) the act ‘was expressly or impliedly directed by the employer, or is naturally incident to the business, and (2) it was performed . . . with the intent to further the employer’s interest.’” Id. (quoting Kensington Assocs. v. West, 234 Va. 430, 432 (1987)).
discussed Cited as authority (rule) Kruglyak v. Home Depot U.S.A., Inc. (2×) also: Cited "see"
W.D. Va. · 2024 · confidence medium
Under Virginia law, the doctrine of respondeat superior provides that “an employer is lable for the tortious act of his employee if the employee was performing his employer's business and acting within the scope of his employment.” Kensington Assocs. v. West, 234 Va. 430, 432 , 362 S.E.2d 900, 901 (1987).
discussed Cited as authority (rule) Cox v. Red Hat, Inc.
E.D. Va. · 2024 · confidence medium
“The Supreme Court of Virginia has clarified that an employee’s act falls within the scope of his employment only if (1) the act ‘was expressly or impliedly directed by the employer, or is naturally incident to the business, and (2) it was performed . . . with the intent to further the employer’s interest.’” Id. (quoting Kensington Assocs. v. West, 362 S.E.2d 900, 901 (Va. 1987)).
cited Cited as authority (rule) Boley v. Armor Correctional Health Services, Inc.
E.D. Va. · 2023 · confidence medium
Id. at 819 (citing Kensington Assocs. v. West, 362 S.E.2d 900, 901 (Va. 1987)). matter of law.
cited Cited as authority (rule) Boley v. Armor Correctional Health Services, Inc.
E.D. Va. · 2022 · confidence medium
Id. at 819 (citing Kensington Assocs. v. West, 362 S.E.2d 900, 901 (Va. 1987)).
discussed Cited as authority (rule) Doe v. Rockingham County School Board (2×) also: Cited "see"
W.D. Va. · 2022 · confidence medium
In Virginia, “an employer is liable for the tortious acts of its employee if the employee was performing his employer’s business and acting within the scope of his employment when the tortious acts were committed.” Garnett v. Remedi Seniorcare of Va., LLC, 892 F.3d 140, 145 (4th Cir. 2018). “[A]n act is within the scope of the employment if (1) it was expressly or impliedly directed by the employer, or is naturally incident to the business[;] and (2) it was performed, although mistakenly or ill-advisedly, with the intent to further the employer’s interest.” Kensington Assocs. v. We…
discussed Cited as authority (rule) Hannah v. United States
W.D. Va. · 2022 · confidence medium
Employee conduct is within the scope of employment when “(1) the act was expressly or impliedly directed by the employer, or is naturally incident to the business, and (2) it was performed . . . with the intent to further the employer’s interest.” Kensington Assocs. v. West, 234 Va. 430, 432 , 362 S.E.2d 900, 901 (1987).
discussed Cited as authority (rule) Nixon v. Kysela Pere Et Fils, LTD.
W.D. Va. · 2021 · confidence medium
In Virginia, “an employer is liable for the tortious acts of its employee if the employee was performing his employer’s business and acting within the scope of his employment when the tortious acts were committed.” Garnett v. Remedi Seniorcare of Va., LLC, 892 F.3d 140, 145 (4th Cir. 2018). “[A]n act is within the scope of the employment if (1) it was expressly or impliedly directed by the employer, or is naturally incident to the business[;] and (2) it was performed, although mistakenly or ill-advisedly, within the intent to further the employer’s interest.” Kensington Assocs. v. …
cited Cited as authority (rule) Wright v. Virginia Peninsula Regional Jail Authority
E.D. Va. · 2021 · confidence medium
Kensington Assocs. v. West, 234 Va. 430, 432 (1987) (alteration in original) (internal quotation marks and citation omitted).
discussed Cited as authority (rule) Lett v. Great Eastern Resort Management, Inc.
W.D. Va. · 2020 · confidence medium
An employee’s act “falls within the scope of his employment only if (1) the act ‘was expressly or impliedly directed by the employer, or is naturally incident to the business, and (2) it was performed . . . with the intent to further the employer’s interest.’” Id. (quoting Kensington Assocs. v. West, 362 S.E.2d 900, 901 (Va. 1987)).
discussed Cited as authority (rule) Chantal Lacasse v. Didlake, Inc.
4th Cir. · 2018 · confidence medium
An employee’s act is within the scope of his employment if (1) it was expressly or impliedly directed by the employer, or is naturally incident to the business, and (2) it was performed, although mistakenly or inadvisedly, with the intent to further the employer’s interest, or from some impulse or emotion that was the natural consequence of an attempt to do the employer’s business, “and did not arise wholly from some external, independent, and personal motive on the part of the [employee] to do the act upon his own account.” Kensington Assocs. v. West, 234 Va. 430 , 362 S.E.2d 900, 9…
discussed Cited as authority (rule) Gwennetta Pratt-Miller v. Sheriff Beth Arthur
4th Cir. · 2017 · confidence medium
Kensington Assocs. v. West, 234 Va. 430 , 362 S.E.2d 900, 901 (1987) (internal quotation marks omitted). “[T]he issue is whether the service itself, in which the tortious act was done, was within the ordinary course of’ the business.
discussed Cited as authority (rule) Lacasse v. Didlake, Inc. (2×)
E.D. Va. · 2016 · confidence medium
Virginia recognizes a scope of employment where (1) it was expressly or impliedly directed by the employer, or is naturally incident to the business, and (2) it was performed, although mistakenly or ill-advisedly, with the intent to further the employer’s interest, or from some impulse or emotion that was the natural consequence of an attempt to do the employer’s business, “and did not arise wholly from some external, independent, and personal motive on the part of the [employee] to do the act upon his own account.” Kensington Assocs, v. West, 234 Va. 430 , 362 S.E.2d 900, 901 (1987) (…
discussed Cited as authority (rule) Saiyed v. Council on American-Islamic Relations Action Network, Inc.
D.D.C. · 2015 · confidence medium
“When an employer-employee relationship has been established, the burden is on the [employer] to prove that the [employee] was not acting within the scope of his employment when he committed the act complained of, and ... if the evidence leaves the question in doubt it becomes an issue to be determined by the jury.” Gina Chin & Assocs., Inc. v. First Union Bank, 537 S.E.2d at 577 -78 (quoting Kensington Assocs. v. West, 234 Va. 430 , 362 S.E.2d 900, 901 (1987)) (some alterations in original) (internal quotation marks omitted).
cited Cited as authority (rule) Kelley v. Federal Bureau of Investigation
D.D.C. · 2014 · confidence medium
Kensington Assocs. v. West, 234 Va. 430 , 362 S.E.2d 900, 901 (1987).
discussed Cited as authority (rule) Ameur v. Gates
E.D. Va. · 2013 · confidence medium
Under Virginia law, an employee acts within the scope of his employment where (1) [The act] was expressly or impliedly directed by the employer, or is naturally incident to the business, and (2) it was performed, although mistakenly or ill-advisedly, with the intent to further the employer’s interest, or from some impulse or emotion that was the natural consequence of an attempt to do the employer’s business, “and did not arise wholly from some external, independent, and personal motive on the part of the [employee] to do the act upon his own account.” Id. (quoting Kensington Assocs. v…
cited Cited as authority (rule) Beach v. McKenney
Charlottesville Cir. Ct. · 2011 · confidence medium
Kensington Associates v. West, 234 Va. 430, 432 , 362 S.E.2d 900, 901 (1987); Plummer v. Center Psychiatrists, 252 Va. 233, 235-36 (1996).
cited Cited as authority (rule) Rivett Group, LLC v. Chelda, Inc.
W.D. Va. · 2009 · confidence medium
Kensington Associates v. West, 234 Va. 430, 432 , 362 S.E.2d 900, 901 (1987).
cited Cited as authority (rule) Cloonan v. Mukasey
D.D.C. · 2009 · confidence medium
Va. 2007) (quoting Kensington Assocs. v. West, 234 Va. 430, 432 , 362 S.E.2d 900, 901 (1987)). 11 1.
discussed Cited as authority (rule) CLOONAN v. Holder
D.D.C. · 2009 · confidence medium
Specifically, Virginia courts hold that an act is within the scope of employment if (1) it was expressly or impliedly directed by the employer, or is naturally incident to the business, and (2) it was performed, although mistakenly or ill-advisedly, with the intent to further the employer’s interest, or from some impulse or emotion that was the natural consequence of an attempt to do the employer’s business, "and did not arise wholly from some external, independent, and personal motive on the part of the [employee] to do the act upon his own account.” Heckenlaible v. Virginia Peninsula R…
discussed Cited as authority (rule) Heckenlaible v. Virginia Peninsula Regional Jail Authority
E.D. Va. · 2007 · confidence medium
Virginia courts define the term “scope of employment” as follows: Generally, an act is within the scope of the employment if (1) it was expressly or impliedly directed by the employer, or is naturally incident to the business, and (2) it was performed, although mistakenly or ill-advisedly, with the intent to further the employer’s interest, or from some impulse or emotion that was the natural consequence of an attempt to do the employer’s business, “and did not arise wholly from some external, independent, and personal motive on the part of the [employee] to do the act upon his own a…
discussed Cited as authority (rule) Federal Insurance v. Ward
4th Cir. · 2006 · confidence medium
According to the Virginia Supreme Court, an act is within the scope of employment if: (1) it was expressly or impliedly directed by the employer, or is naturally incident to the business, and (2) it was performed, although mistakenly or ill-advisedly, with the intent to further the employer’s interest, or from some impulse or emotion that was the natural consequence of an attempt to do the employer’s business, “and did not arise wholly from some external, independent, and personal motive on the part of the [employee] to do the act upon his account.” Kensington Assocs. v. West, 234 Va. …
cited Cited as authority (rule) McConville v. Rhoads
Norfolk Cir. Ct. · 2005 · confidence medium
Kensington Associates v. West, 234 Va. 430, 432 , 362 S.E.2d 900, 901 (1987).
discussed Cited as authority (rule) Rowland v. State Farm Fire & Casualty Co.
Fairfax Cir. Ct. · 2003 · confidence medium
However, it is well settled in Virginia that “under the doctrine of respondeat superior, an employer is liable for the tortious act of his employee if the employee was performing his employer’s business and acting within the scope of his employment.” Kensington Associates v. West, 234 Va. 430, 432 , 362 S.E.2d 900, 901 (1987) (citing McNeill v. Spindler, 191 Va. 685, 694 , 62 S.E.2d 13, 17 (1950)).
cited Cited as authority (rule) Cooper v. Hansbury
Arlington Cir. Ct. · 2001 · confidence medium
Kensington Assoc. v. West, 234 Va. 430, 432 , 362 S.E.2d 900, 901 (1987).
examined Cited as authority (rule) Gina Chin & Associates, Inc. v. First Union Bank (3×) also: Cited "see"
Va. · 2000 · confidence medium
Kensington Associates v. West, 234 Va. 430, 432 , 362 S.E.2d 900, 901 (1987)(emphasis added).
discussed Cited as authority (rule) Majorana v. Crown Central Petroleum Corp.
Va. · 2000 · confidence medium
The burden of production then shifts to the employer, who may rebut that presumption by proving that the employee had departed from the scope of the employment relationship at the time the injurious act was committed. *527 Kensington Associates v. West, 234 Va. 430, 432-33 , 362 S.E.2d 900, 901 (1987).
discussed Cited as authority (rule) Giant of Maryland, Inc. v. Enger
Va. · 1999 · confidence medium
Plummer v. Center Psychiatrists, Ltd., 252 Va. 233, 235 , 476 S.E.2d 172, 173 (1996); Kensington Assocs. v. West, 234 Va. 430, 432 , 362 S.E.2d 900, 901 (1987); McNeill v. Spindler, 191 Va. 685, 694-95 , 62 S.E.2d 13, 17 (1950).
discussed Cited as authority (rule) Webb v. United States
W.D. Va. · 1998 · confidence medium
Shortly after Plummer was decided, however, the Fourth Circuit stated its preference for the test elucidated in an earlier Virginia decision: Under Virginia law, an employee acts within the scope of his employment if: “(1) [The act] was expressly or impliedly di *615 rected by the employer, or is naturally incident to the business, and (2) it was performed, although mistakenly or ill-advisedly, with the intent to further the employer’s interest, or from some impulse or emotion that was the natural consequence of an attempt to do the employer’s business, ‘and did not arise wholly from s…
examined Cited as authority (rule) Brittingham v. United States (3×)
E.D. Va. · 1997 · confidence medium
It is settled in Virginia that an employee acts within the scope of employment when: (1) [The act] was expressly or impliedly directed by the employer, or is naturally incident to the business, and (2) it was performed, although mistakenly or ill-advisedly, with the intent to further the employer’s interest, or from some impulse or emotion that was the natural consequence of an attempt to do the employer’s business, “and did not arise wholly from some external, independent and personal motive on the part of the [employee] to do the act upon his own account.” Kensington Assocs. v. West,…
discussed Cited as authority (rule) Eugenie Sterling Trotter v. John C. Maxwell, Jr.
Va. Ct. App. · 1997 · confidence medium
An employee's activity is generally within the scope of his or her employment if (1) it was expressly or impliedly directed by the employer, or is naturally incident to the business, and (2) it was performed . . . with the intent to further the employer's interest, or from some impulse or emotion that was the natural consequence of an attempt to do the employer's business, "and did not arise wholly from some external, independent, and personal motive on the part of the [employee] to do the act upon his [or her] own account." Kensington Assoc. v. West, 234 Va. 430, 432 , 362 S.E.2d 900, 901 (19…
examined Cited as authority (rule) Doe v. Bruton Parish Church (5×) also: Cited "see"
Williamsburg and James Cir. Ct. · 1997 · confidence medium
Kensington Associates v. West, 234 Va. 430, 432 , 362 S.E.2d 900, 901 (1987) (citing McNeill v. Spindler, 191 Va. 685, 694 , 62 S.E.2d 13, 17 (1950)).
discussed Cited as authority (rule) DeMartinez v. DEA
4th Cir. · 1997 · confidence medium
Accordingly, that choice-of-law issue need not be resolved -- the par- ties' stipulation to Virginia law is only for purposes of the scope-of- employment issue. 11 Under Virginia law, an employee acts within the scope of his employment if: (1)[The act] was expressly or impliedly directed by the employer, or is naturally incident to the business, and (2)it was performed, although mistakenly or ill-advisedly, with the intent to further the employer's interest, or from some impulse or emotion that was the natural consequence of an attempt to do the employer's business, "and did not arise wholly f…
examined Cited as authority (rule) Katia Gutierrez De Martinez v. Drug Enforcement Administration (3×)
4th Cir. · 1997 · confidence medium
Here, although the conduct at issue took place in Colombia, the parties have agreed to the application of the law of the forum state, Virginia. 6 19 Under Virginia law, an employee acts within the scope of his employment if: 20 (1)[The act] was expressly or impliedly directed by the employer, or is naturally incident to the business, and (2)it was performed, although mistakenly or ill-advisedly, with the intent to further the employer's interest, or from some impulse or emotion that was the natural consequence of an attempt to do the employer's business, "and did not arise wholly from some ext…
examined Cited as authority (rule) Gutierrez de Martinez v. Drug Enforcement Administration (3×)
4th Cir. · 1997 · confidence medium
Here, although the conduct at issue took place in Colombia, the parties have agreed to the application of the law of the forum state, Virginia. 6 Under Virginia law, an employee acts within the scope of his employment if: (l)[The act] was expressly or impliedly directed by the employer, or is naturally incident to the business, and (2)it was performed, although mistakenly or ill-advisedly, with the intent to further’the employer’s interest, or from some impulse or emotion that was the natural consequence of an attempt to do the employer’s business, “and did not arise wholly from some e…
discussed Cited as authority (rule) Johnson v. Behsudi
Fairfax Cir. Ct. · 1997 · confidence medium
Additionally, “when an employer-employee relationship has been established, ‘the burden is on the [employer] to prove that the [employee] was not acting within the scope of his employment when he committed the act complained of, and ... if the evidence leaves the question in doubt it becomes an issue to be determined by the jury’.” Plummer v. Center Psychiatrists, Ltd., 252 Va. 233, 235 , 476 S.E.2d 172 (1996) (quoting Kensington Assoc. v. West, 234 Va. 430, 432-33 , 362 S.E.2d 900, 901 (1987) (quoting Broaddus v. Standard Drug Co., 211 Va. 645, 653-54 , 179 S.E.2d 497, 504 (1971))).
cited Cited as authority (rule) Bennett v. Desai
Richmond County Cir. Ct. · 1996 · confidence medium
Kensington Associates v. West, 234 Va. 430, 432 (1987).
discussed Cited as authority (rule) Plummer v. Center Psychiatrists, Ltd. (2×)
Va. · 1996 · confidence medium
Kensington Associates v. West, 234 Va. 430, 432 , 362 S.E.2d 900, 901 (1987); McNeill v. Spindler, 191 Va. 685, 694 , 62 S.E.2d 13, 17 (1950).
Kensington Associates
v.
Harry W. West
Record 841524.
Supreme Court of Virginia.
Nov 25, 1987.
362 S.E.2d 900
J. Alvernon Smith, Jr. (Samuel Baronian, Jr.; Smith, Blank, Isaacs & Hinton, on briefs), for appellant., William G. Barkley (Bickford and Barkley, on brief), for appellee.
Stephenson.
Cited by 80 opinions  |  Published
1 passage pin-cited by 1 case
Pinpoint authority: bottom 70%
Citer courts: W.D. Virginia (1)
STEPHENSON, J.,

delivered the opinion of the Court.

Harry W. West sued Kensington Associates (Kensington) and its employee, Willis Chittum, to recover damages for personal injuries West incurred when he was accidentally shot by Chittum. A jury returned a verdict for West in the amount of $200,000 against both Kensington and Chittum, and the trial court entered judgment on the verdict. [1] Kensington alone appeals, contending that Chittum, as a matter of law, acted outside the scope of his employment when he shot West. [2]

West was employed by United Services Industries (United Services). Kensington, owner of the former Johnston-Willis Hospital building in Richmond, contracted with United Services to renovate the hospital building. United Services provided on-site living quarters for its construction workers, including West.

Kensington employed Chittum as a security guard at the site. Chittum was responsible for protecting Kensington’s property, securing the building, and preventing vandalism.

[*432] While on duty, Chittum carried a pistol in a holster. Kensington’s officials knew that Chittum carried a pistol and acknowledged that he was armed for Kensington’s benefit. Kensington’s officials had told Chittum to call the police if any trouble arose.

On various occasions before West was shot, Chittum had engaged in horseplay with Willie Archie, another United Services construction worker. On those occasions, Chittum had removed the pistol from the holster and waved it around to scare Archie.

West was shot on the night of May 13, 1981. That night, while on duty and after completing his rounds through the building, Chittum stopped in the hallway outside the workers’ recreation room. He believed that Archie was in the room; Chittum, however, did not know that West was there. As Chittum was in the act of removing his pistol from the holster, the pistol discharged and the bullet struck West in the foot. Chittum testified that the shooting resulted from “horseplay.” He said he pulled the pistol to have “fun” with Archie, not to protect Kensington’s property. Chittum also stated that he had drunk a “couple of beers” at the time, although drinking while on duty was prohibited by Kensington. Kensington’s officials had instructed Chittum not to bother the construction workers and not to go into the recreation room.

Under the doctrine of respondeat superior, an employer is liable for the tortious act of his employee if the employee was performing his employer’s business and acting within the scope of his employment. McNeill v. Spindler, 191 Va. 685, 694, 62 S.E.2d 13, 17 (1950). Generally, an act is within the scope of the employment if (1) it was expressly or impliedly directed by the employer, or is naturally incident to the business, and (2) it was performed, although mistakenly or ill-advisedly, with the intent to further the employer’s interest, or from some impulse or emotion that was the natural consequence of an attempt to do the employer’s business, “and did not arise wholly from some external, independent, and personal motive on the part of the [employee] to do the act upon his own account.” Broaddus v. Standard Drug Co., 211 Va. 645, 653, 179 S.E.2d 497, 503-04 (1971); Cary v. Hotel Rueger, Inc., 195 Va. 980, 984, 81 S.E.2d 421, 423 (1954); Tri-State Coach Corp. v. Walsh, 188 Va. 299, 307, 49 S.E.2d 363, 367 (1948); Davis v. Merrill, 133 Va. 69, 77, 112 S.E. 628, 630-31 (1922).

When an employer-employee relationship has been established, “the burden is on the [employer] to prove that the [employee] was not acting within the scope of his employment when[*433] he committed the act complained of, and ... if the evidence leaves the question in doubt it becomes an issue to be determined by the jury.” Broaddus, 211 Va. at 653-54, 179 S.E.2d at 504 (emphasis added); Alvey v. Butchkavitz, 196 Va. 447, 453, 84 S.E.2d 535, 539 (1954); McNeill, 191 Va. at 695, 62 S.E.2d at 18. Accord Bivens v. Manhattan Car Corp., 156 Va. 483, 159 S.E. 395 (1931); Crowell v. Duncan, 145 Va. 489, 134 S.E. 576 (1926). Moreover, when the undisputed evidence shows that an employee’s deviation from his employer’s business is slight and not unusual, or, on the other hand, great and unusual, a court shall determine, as a matter of law, whether the employee was acting in the scope of his employment. When, however, the evidence places the case between these two extremes, the issue is for a jury. E.g., Broaddus, 211 Va. at 653-54, 179 S.E.2d at 504; Alvey, 196 Va. at 454, 84 S.E.2d at 539; McNeill, 191 Va. at 695, 62 S.E.2d at 18; Bivens, 156 Va. at 495, 159 S.E, at 399; Drake v. Laundry Corp., 135 Va. 354, 363-64, 116 S.E. 668, 671 (1923).

Applying the foregoing principles, we held in Broaddus that the trial court properly submitted to the jury the issue of whether a security guard had acted within the scope of his employment when he shot a person whom a policeman was attempting to subdue. 211 Va. at 655-56, 179 S.E.2d at 505-06. The evidence presented in Broaddus did not show as a matter of law that the guard’s deviation from his assigned duties was either slight or marked and unusual. Id. at 655, 179 S.E.2d at 505. We said the jury reasonably could have found that the guard’s shooting of the person was either an independent venture of his own or done from some impulse or emotion that naturally grew out of or was incident to an attempt to perform his master’s business. Id. at 656, 179 S.E.2d at 506. Accord United Brotherhood v. Humphreys, 203 Va. 781, 787-88, 127 S.E.2d 98, 102-03 (1962), cert. denied, 371 U.S. 954 (1963) (question whether assaults committed by striking union members were personally motivated or incident to performance of strike activities directed by international union properly left to jury’s resolution); Slaughter v. Valleydale Packers, 198 Va. 339, 345, 94 S.E.2d 260, 265 (1956) (reversing and remanding on ground, inter alia, that instruction did not permit jury to consider whether defamatory statements were made out of impulse or emotion that naturally grew out of or was incident to attempt to perform master’s business); Tri-State Coach Corp., 188 Va. at 308-09, 49 S.E.2d at 368 (question whether bus driver’s use of “vocal[*434] insistence and physical force” to clear a path to move his bus resulted from impulse or emotion arising out of prosecution of master’s business properly submitted to jury). Cf. Davis, 133 Va. at 77-78, 112 S.E. at 630-32 (jury could reasonably conclude that railroad gateman was acting within scope of employment when he shot plaintiff following dispute over raising gates at late hour of night).

In a similar vein, we held in Alvey that conflicts in the evidence presented a jury question about whether the night manager of a service station was engaged in the owner’s business when the manager accidentally shot the plaintiff while cleaning a loaded pistol. 196 Va. at 454, 84 S.E.2d at 539. The evidence concerning ownership of the gun was in direct conflict, and we said the jury reasonably could have inferred that the owner provided the manager with the gun for “protection.” Id. at 455, 84 S.E.2d at 540. See also Bryant v. Bare, 192 Va. 238, 247, 64 S.E.2d 741, 747 (1951) (question whether employee permitted to use employer’s truck for both personal benefit and employer’s benefit had abandoned employer’s business at time of accident properly submitted to jury); Crowell, 145 Va. at 505, 134 S.E. at 580 (question whether taxi driver engaged in personal or master’s business one for jury’s resolution where evidence showed driver, who had complete discretion in operation of owner’s taxi, was operating marked taxi during business hours in usual field of operations at high rate of speed when he ran into plaintiff).

On the other hand, we upheld a trial court’s ruling in McNeill that the undisputed evidence established a deliveryman’s deviation from his employer’s business so great that, as a matter of law, the deliveryman was not acting within his scope of employment at the time he collided with another vehicle. 191 Va. at 695-96, 62 S.E.2d at 18. There, the uncontradicted evidence showed that the employer had entrusted the deliveryman with a truck to run a specific errand and had given him specific instructions where to return it. The employee had disobeyed the instructions and driven the truck to another part of town to carry out a personal matter. Id. We there noted that a marked deviation was shown. There was a complete stepping aside from the employer’s business that was in no way related to the employer’s affairs and was completely contrary to the employer’s instructions. Id. Accord Master Auto Serv. Corp. v. Bowden, 179 Va. 507, 511, 19 S.E.2d 679, 680-81 (1942); Kavanaugh v. Wheeling, 175 Va. 105, 117, 7 S.E.2d 125,[*435] 130 (1940); Western Union Tel. Co. v. Phelps, 160 Va. 674, 682, 169 S.E. 574, 577 (1933); Bivens, 156 Va. at 487, 159 S.E. at 396; Kidd v. DeWitt, Jr., 128 Va. 438, 448, 105 S.E. 124, 127 (1920).

In Cary, we held as a matter of law that an argument between a hotel bellboy and two hotel guests that resulted in the bellboy’s fatally shooting one of the guests did not arise out of anything connected with the hotel’s business. 195 Va. at 986-87, 81 S.E.2d at 424. The undisputed evidence in Cary established that the argument arose over whether the bellboy owed money to the guests for activities involving the trafficking of women and liquor — conduct that was illegal and prohibited by the hotel. Thus, we held the bellboy’s shooting of one of the guests “arose from an independent and personal motive on [his part] to do the act upon his own account.” Id. at 987, 81 S.E.2d at 424.

Similarly, in Abernathy v. Romaczyk, 202 Va. 328, 334, 117 S.E.2d 88, 92-93 (1960), we reversed a court-approved jury verdict and held as a matter of law that a deliveryman was not acting within the scope of his employment when he participated in a scuffle over who had caused a traffic accident. We drew a distinction between the facts of Abernathy and Tri-State Coach Corp. on the basis that the altercation in Tri-State Coach Corp. arose over the manner in which the bus driver was operating the bus and over who had the right to proceed. In Tri-State Coach Corp., the turn of the bus had not been negotiated and both vehicles stood close together, resulting in a stalemate about which vehicle should move first. In Abernathy, however, the undisputed evidence showed that after the accident occurred and as the other driver was returning to his vehicle following an inspection of the damage, the deliveryman alighted from his truck, approached the other driver before he had entered his car, and engaged in an argument that resulted in the scuffle. Thus, we held that the deliveryman’s participation in the fracas was “an independent venture of his own to gratify his personal feelings, and the relation of master and servant was for a time suspended.” 202 Va. at 334, 117 S.E.2d at 92.

We are of opinion that the present case falls within the ambit of McNeill, Cary, and Abernathy. Kensington’s officials had given Chittum specific instructions not to “bother” the construction workers. The undisputed evidence established, however, that Chittum engaged in horseplay in an attempt to scare Archie when[*436] he injured West. In addition, Chittum had been drinking at the time, which Kensington officials strictly prohibited.

The shooting occurred immediately after Chittum had completed his security check of the building, during which time he found no evidence of vandals or trespassers. Following the completion of the security check, Chittum’s next duty was to return to his desk and let employees and construction workers in and out of the building. Instead, he tarried, intending to have a little “fun.”

Neither the “horseplay” nor the resulting shooting was done to further Kensington’s interests, but arose wholly from an independent, external, and personal motive on Chittum’s part to perform an act upon his own account. When Chittum undertook to draw his pistol, he embarked upon an independent venture to satisfy his own personal desire to have “fun” and “play” around, thus suspending for a time the employer-employee relationship. We hold, therefore, that his reckless act was such a great and unusual deviation from Kensington’s business that the question whether he acted outside the scope of his employment was one of law for the court rather than one of fact for the jury.

Deciding that question against West, we will reverse the judgment of the trial court and enter final judgment here for Kensington.

Reversed and final judgment.

1

West also sued United Services Industries. The jury, however, returned a verdict in favor of this defendant, which the trial court affirmed. West did not assign cross-error to this ruling.

2

Although West’s pleadings contain allegations of Kensington’s primary negligence, the case was tried and appealed on only the respondeat superior theory.