Liability for Employee's Actions Outside the Workplace

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Lobo v. Tamco, 178 Cal. Rptr. 3d 515 (Cal. Ct. App. 2014)

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…

Halliburton Energy Services, Inc. provided Troy Martinez with a company vehicle to use in the execution of his duties.  After completing a day’s work, Martinez drove to Bakersfield with his family to purchase a car for his wife.  The trip to Bakersfield on this occasion exceeded his normal commute by approximately 140 miles (notably, Martinez had travelled to Bakersfield for work in the past).  After…

Employers sometimes face vicarious liability for personal injury and property damage when employees use their own vehicles in connection with the performance of their job duties and get into traffic accidents.  When facing such claims, California employers have generally been able to rely on legal exceptions that carve out an employee’s regular commute as well as trips made by employees for personal (rather than job…