Hinman v. Westinghouse
Supreme Court of California
471 P.2d 988 (1970)
Relevant factsFree
An employee of Westinghouse (defendant), compensated for commuting time and expenses under his union contract, collided with and injured Hinman (plaintiff) while driving home from a job site; Hinman sued Westinghouse under respondeat superior. The jury was instructed to determine whether the employee was acting within the scope of employment during his commute, and it found he was not, returning a verdict for Westinghouse.
IssueFree
Whether an employer is vicariously liable for a tort committed by an employee during a commute that provides an incidental benefit to the employer.