California Court of Appeal

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Baptist v. Robinson, H029233

Summary judgment in favor of defendant winery, in case where plaintiff was riding his motorcycle and struck a large plastic agricultural bin belonging to winery that had fallen off defendant employee's truck, is affirmed as defendant employee was not acting within the course and scope of his employment at the time of the accident, and there were no triable issues of material fact as to winery's direct negligence.

Appellate Information

  • Decided 09/21/2006
  • Published 09/21/2006

Judges

  • BAMATTRE-MANOUKIAN, Acting P.J.

Court

  • California Court of Appeal

Counsel

  • For Appellant:
  • Paul B. Kemp, Esq., Law Office of Paul B. Kemp, for Appellant Ronald A. Baptist, et al.

  • For Appellees:
  • Robert M. Gerhardt, Esq., Benjamin A. Emmert, Esq., Ericksen, Arbuthnot, Kilduff, Day & Lindstrom, Inc., San Jose, for Defendant, Cross-Complainant and Appellant Thomas Robinson, Jr., Cheryl L. Ferguson, Glaspy & Glaspy, Inc., for Respondent Thomas Fogarty Winery, LLC.
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