California Court of Appeal

Judgment in a personal injury action for defendant, the employer of an individual allegedly at fault for a car accident, is affirmed where, based on the evidence, a jury reasonably could find that the employee's conduct at the time of the incident was motivated entirely by personal malice and did not occur within the course and scope of his employment.

Appellate Information

• Decided 02/01/2006
• Published 02/01/2006

Judges

• SCOTLAND, P.J.

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• McManis Faulkner & Morgan, James McManis, Colleen Duffy Smith, Neda Mansoorian, Matthew Schechter and Jessica Valenzuela Santamaria, San Jose, for Plaintiffs and Appellants.


• For Appellees:
  
• Matheny Sears Linkert & Long, Eric R. Wiesel and Michael A. Bishop, Sacramento, for Defendant and Respondent.