California Court of Appeal

In this personal injury action involving a vehicular collision, judgment in favor of defendant Tamco is affirmed, where the evidence does not compel a finding that the employee-driver was acting in the scope of employment at the time of the accident, as the trier of fact remains free to determine in a particular case that the employee's use of his or her vehicle was too infrequent to confer a sufficient benefit to the employer as to attribute negligence to the employer for the operation of the vehicle.

Appellate Information

• Decided 10/08/2014
• Published 10/08/2014

Judges

• McKinster

Court

• California Court of Appeal

Counsel