Deputy Daniel Lobo, a San Bernardino County deputy sheriff, was killed as a result of the allegedly negligent operation of a motor vehicle by Luis Del Rosario, who was leaving the premises of his employer (Tamco) to go home at the time of the collision. A jury returned a special verdict that Del Rosario was not acting within the course and scope of his employment at the time of the accident, and judgment was entered in favor of Tamco. The Court of Appeal affirmed, holding that the verdict was supported by substantial evidence because Del Rosario’s infrequent use of his vehicle for Tamco business did not confer a sufficient benefit to the employer so as to make it reasonable to require the employer to bear the cost of the employee’s negligence when operating the vehicle.
Lobo v. Tamco, 178 Cal. Rptr. 3d 515 (Cal. Ct. App. 2014)