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
scope of employment
Employee Who Was Involved In Auto Accident Was Not Acting Within The Scope Of Employment
Miller v. American Greetings Corp., 161 Cal. App. 4th 1055 (2008)
Holly and Paul Miller sued Christopher Magdaleno and American Greetings, his employer, for injuries Holly sustained when Magdaleno hit her with his pick-up truck while she stood next to her car on a road in Pasadena. The Millers subpoenaed Magdaleno’s cellphone records, which indicated that Magdaleno had been speaking to his crew chief…
Car Dealership Was Liable For Injuries Caused By Employee Who Was On A Personal Errand
Taylor v. Roseville Toyota, Inc., 138 Cal. App. 4th 994 (2006)
Derrick Lewis, a car detailer employed by Roseville Toyota, was driving a car owned by the dealership and was on a personal errand during his lunch break when he rear-ended another car that was stopped at a stoplight. The jury concluded that although Lewis was not acting within the scope of his employment…
Employee Who Caused Automobile Accident At “In-N-Out Burger” Was Not Acting Within Scope Of Employment
Sunderland v. Lockheed Martin Aeronautical Sys. Support Co., 130 Cal. App. 4th 1 (2005)
While they were waiting in line at the In-N-Out Burger Restaurant in Lancaster, Ali Mazloom, a Lockheed field service representative, rear-ended Kristi Sunderland. In her personal injury action against Mazloom and Lockheed, Sunderland alleged that Mazloom had been acting within the course and scope of his employment when the accident…
Employer Not Liable For Auto Accident Involving Employee
Boyer v. Jensen, 129 Cal. App. 4th 62 (2005)
Holly Boyer was in an automobile accident with Russell Jensen, who was employed by Valley Mechanical Services at the time of the accident. Jensen sued Boyer for negligence shortly before the expiration of the statute of limitations. Approximately five months later, Boyer cross complained against Jensen; six months after that, Boyer amended her cross complaint…
Ski Resort Employee May Have Assumed The Risk Of Injury
Vine v. Bear Valley Ski Co., 118 Cal. App. 4th 577 (2004)
Charlene Vine suffered a broken back, resulting in paraplegia, when she fell while attempting a snowboard jump at an employee party hosted by her employer, Bear Valley Ski Company. A Bear Valley employee had reshaped the jump, using a snow cat, for use by guests at the party. In her lawsuit, Vine…
Security Service Is Not Liable For Assault Allegedly Committed By Unsupervised Employee
Plancarte v. Guardsmark, LLC, 118 Cal. App. 4th 640 (2004)
Eveilia Plancarte alleged that Toufik Kadah, a Guardsmark security guard, was responsible for assault, battery, false imprisonment and intentional infliction of emotional distress, all of which allegedly occurred while she was working as a janitor in a building in which Kadah was working as a guard. Plancarte also alleged “respondeat superior,” negligent hiring and…
Off-Duty Employee Injured On Employer’s Water Slide Was Entitled To $4.4 Million Judgment
Mason v. Lake Dolores Group, LLC, 117 Cal. App. 4th 822 (2004)
James Mason was rendered a paraplegic after he rode down the “Doo Wop Super Drop” water slide and crashed into a dam at the end of the slide that was owned and operated by his employer, Lake Dolores Group (LDG). Shortly before the accident, Mason reported to work but did not clock…
Employer Was Not Necessarily Liable For Employee’s Actions That Caused Injury To Police Officer
Yamaguchi v. Harnsmut, 106 Cal. App. 4th 472 (2003)
San Francisco Police Officer Tadao Yamaguchi and his wife, Tracy, sued Chaiyut Harnsmut and his wife, among others, for injuries Yamaguchi sustained when one of Harnsmut’s employees (Wisan Vatanavkovarun) threw scalding hot oil on Yamaguchi in the midst of an altercation that Wisan was having with one of his co-employees at the restaurant. The Court…
City Is Not Liable For Actions Of Employees Who Acted Outside Scope Of Official Duties
Hoblitzell v. City of Ione, 110 Cal. App. 4th 675 (2003)
Timothy Hoblitzell, a construction contractor, sued three employees of the City of Ione and the city itself after the employees identified themselves to one of Hoblitzell’s customers (a property owner) as building inspectors, told the customer that Hoblitzell had been performing the construction without permits and made disparaging remarks about the quality of…