California Court of Appeal

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Purton v. Marriott International, Inc., D060475

In a personal injury action in which plaintiff alleged that defendant-employee consumed alcoholic beverages at an employer hosted party, became intoxicated, arrived home safely, but when he left to drive a co-worker home, the defendant-employee struck another car and killed its driver, summary judgment for defendant-employer is reversed and remanded, where: 1) an employer may be found liable for its employee's torts as long as the proximate cause of the injury (here, alcohol consumption) occurred within the scope of employment; 2) a reasonable trier of fact could conclude that the employee was acting within the scope of his employment while ingesting alcoholic beverages at the party; and 3) no legal justification exists for terminating the employer's liability as a matter of law simply because the employee arrived home safely from the employer hosted party.

Appellate Information

  • Decided 07/31/2013
  • Published 07/31/2013

Judges

  • MCINTYRE

Court

  • California Court of Appeal

Counsel