California Employment Law Update

Tag Archives: 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 … Continue Reading

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 … Continue Reading

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 … Continue Reading

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 … Continue Reading

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 … Continue Reading

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 … Continue Reading

Employee Who Sued Uninsured Employer Failed To Prove That Injury Occurred In The Course Of Employment

Huang v. L.A. Haute, 106 Cal. App. 4th 284 (2003) Ai Zhen Huang was employed as a housekeeper at the home of Brad Hunter, but was on the payroll of L.A. Haute, a furniture manufacturing business in which Hunter was a partner. Huang was employed for approximately two years before her employment was terminated on … Continue Reading

Employer May Be Liable For Auto Accident Caused By Employee Who Became Sick From Fumigation

Bussard v. Minimed, Inc., 105 Cal. App. 4th 798 (2003) Barbara Bussard was injured when Irma Hernandez, a Minimed clerical employee, rear-ended Bussard, who was stopped at a red light. Hernandez was on her way home after she became ill at work the day after Minimed had fumigated its premises in order to eliminate a … Continue Reading

Employer Was Not Vicariously Liable For Employee’s Sexual Misconduct

Doe 1 v. City of Murrieta, 102 Cal. App. 4th 899 (2002) In this case, a Murrieta police officer sexually abused two 16- year-old girls who were participants in the Murrieta Police Department’s Explorer Program. The minors alleged that the City of Murrieta was vicariously liable for the police officer’s sexual misconduct. The trial court … Continue Reading
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