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Caldwell v. A.R.B., Inc.

Court of Appeal of California

222 Cal. Rptr. 494 (1986)

Relevant factsFree

Pipefitter Brandon, an A.R.B. (defendant) employee required to drive to a remote job site and paid a daily travel allowance for using his personal car, offered to drive a coworker home after work and got into an accident injuring Caldwell (plaintiff). Caldwell sued Brandon and A.R.B.; the trial court granted A.R.B. summary judgment, finding Brandon outside the scope of employment, and Caldwell appealed.

IssueFree

Whether an employee is within the scope of employment, for purposes of employer vicarious liability, while engaged in an ordinary commute to or from the workplace.

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