Charles Strack, an employee of Gordy Construction Company, was driving a truck owned by Gordy when he was involved in a motor vehicle collision with Rebecca Stewart and her passenger, Lois Talley. Stewart and Talley sued Strack and also sued Gordy under the theory of respondeat superior. Gordy moved for summary judgment on the ground that at the time of the accident Strack was outside the scope of his employment. The trial court denied the motion, finding the instant case is controlled by the decision in IBM v. Bozardt, 156 Ga. App. 794 (275 SE2d 376) (1980). Gordy filed two separate notices of appeal, which are consolidated for purposes of this opinion.
“It is a recognized principle under Georgia law that when an employee is involved in a collision, while operating his employer’s vehicle, a presumption arises that he is acting within the scope of his employment. Once this presumption arises the burden then shifts to the *883employer to rebut the presumption by evidence that is clear, positive and uncontradicted and that shows the servant was not in the scope of his employment. . . . [T]he Supreme Court in [Allen Kane’s Major Dodge v. Barnes, 243 Ga. 776 (257 SE2d 186) (1979),] held that once the employer or employee presents positive and uncontradicted evidence that the employee’s activities at the time and place in question were not within the scope of his employment, the plaintiff must show some other fact — other than the fact which gave rise to the initial presumption — from which a jury could infer that the employee was acting within the scope of the employment. In determining what other fact must be shown in order to submit a given case to the jury, the court stated: If this other fact is direct evidence, that is sufficient for the case to go to a jury. However, when the other fact is circumstantial evidence, it must be evidence sufficient to support a verdict in order to withstand the defendant’s motion for summary judgment.” (Citations, punctuation and emphasis omitted.) Bozardt, supra at 794-795.
In the present case, because Strack was driving Gordy’s truck, the presumption arises that he was in the scope of his employment at the time of the accident. We assume, without deciding, that this presumption was rebutted by Strack’s deposition testimony that at the time of the collision he was on a personal errand and not performing a task to benefit Gordy. Nevertheless, as in Bozardt, there are enough other facts in this case from which a jury could infer Strack was acting within the scope of his employment when he collided with Stewart. In Bozardt, “the employee was driving a rental car at the expense of the employer, and, while away from his home at the express directions of his employer, while lodging in public accommodations, and while going to and from meals, he was performing an act in the scope of his employment or necessarily incident thereto.” Collins v. Everidge, 161 Ga. App. 708, 710 (1) (289 SE2d 804) (1982). The instant case involves these same factors. Strack was in Georgia away from his home in Alabama at the express direction of Gordy, he was driving a truck owned by Gordy at Gordy’s expense, the truck was the only vehicle available to Strack in Georgia, he was lodging in a motel and he was returning to the motel from a meal at a restaurant when the accident occurred.
An important factor cited by the Bozardt court was the employer’s realization that the employee would use the rented vehicle to travel, within reason, to restaurants for meals. Id. at 797. In the current case, although Gordy had a written policy that employees should not use company vehicles for personal use, Strack gave testimony from which one could infer the reality of how Gordy handled its vehicles was very different from this policy. Strack testified he used the truck for various personal errands and no one at Gordy ever told him *884not to use it to drive from the motel to meals. When asked if any one at Gordy told him not to use the truck for such errands, Strack said: “If they did, I don’t think I would stay with Gordy as long as I did.” Gordy gave Strack credit cards to pay for use of the truck and Strack kept a log distinguishing between personal and business mileage on the truck, but Gordy never charged him for personal mileage. Moreover, Gordy knew Strack was living in a motel far away from his permanent residence with only the company truck as transportation. A reasonable inference from all this evidence is that Gordy knew Strack would use the truck for personal errands, including driving to and from some meals.
In cases that distinguish Bozardt, the employee is not traveling to or from a meal and staying in a motel while away from home on business, but is unquestionably on a personal errand without the employer’s knowledge or consent at the time of the collision (e.g., visiting a relative, going to the drugstore or leaving a bar). See Johnstown Financial Corp. v. Roper, 170 Ga. App. 575 (317 SE2d 634) (1984); Presser v. Rayner, 166 Ga. App. 633 (305 SE2d 149) (1983); Collins v. Everidge, supra. Unlike the employees in those cases, Strack was not unquestionably using the truck for a wholly personal errand without Gordy’s permission. The instant case is therefore not materially distinguishable from Bozardt. Because there is a genuine issue of fact as to whether Strack was outside the scope of his employment at the time of the collision, the trial court properly denied Gordy’s motion for summary judgment.
Judgment affirmed.
McMurray, P. J., Pope, P. J., Blackburn, Smith and Ruffin, JJ., concur. Beasley, C. J., Birdsong, P. J., and Andrews, J., dissent.