California Court of Appeal

Reset A A Font size: Print

Moradi v. Marsh USA, Inc., B239858

Summary judgment for defendant-employer in an action brought by plaintiff for personal injuries when defendant-employee collided with plaintiff while driving her car, is reversed and remanded, where: 1) because the employer required the employee to use her personal vehicle to travel to and from the office and make other work-related trips during the day, the employee was acting within the scope of her employment when she was commuting to and from work; and 2) defendant-employee's planned stops for frozen yogurt and a yoga class on the way home did not change the incidental benefit to the employer of having the employee use her personal vehicle to travel to and from the office and other destinations; and thus, 3) under the required vehicle exception to the going and coming rule, defendant-employee was acting within the scope of her employment at the time of the accident.

Appellate Information

  • Decided 09/17/2013
  • Published 09/17/2013

Judges

  • MALLANO

Court

  • California Court of Appeal

Counsel