Jorge v. Culinary Inst. of Am., 3 Cal. App. 5th 382 (2016)
Leopoldo Jorge, Jr., sued Almir Da Fonseca and his employer, the Culinary Institute of America, for injuries Jorge sustained when he was struck by a car driven by Da Fonseca. Da Fonseca, who is employed as a chef instructor for the Institute, had finished his shift and was driving home in his own car at the time of the accident. A jury found that Da Fonseca was negligent and that he was acting within the scope of his employment when he injured Jorge and awarded Jorge $885,000. The Institute filed a motion for judgment notwithstanding the verdict, which the trial court denied. The Court of Appeal reversed the judgment and the order denying the Institute’s motion, holding that pursuant to the “going and coming rule” the Institute was not liable for the accident because Da Fonseca was not acting within the scope of his employment when he was driving home; the Court rejected Jorge’s claim that the Institute required Da Fonseca to use his personal vehicle for work purposes especially during his ordinary commute home.