Employer Not Liable for an Accident Caused by its Employee

Kim Rushton, an employee of the City of Los Angeles (City of LA), struck and killed a pedestrian, Ralph Bingener, while commuting to work.  Mr. Rushton, a 68-year old man with neurological conditions, worked as a chemist in a water quality lab checking water for semi-volatile organic compounds.  He did not use his car for his employment.  All of Mr. Rushton’s work was performed at the lab and he rarely left the plant for work-related travel.  (more…)

An Employer May be Liable in a Car Accident Caused by an On-Call Employee

Ray David Moreno was the passenger in a company-owned pickup truck his father was driving when the vehicle veered off the road, hit an embankment, and rolled over.  Mr. Moreno sustained serious injuries and sued his father’s employer, Visser Ranch, Inc. and the owner of the vehicle, Graceland Dairy, Inc.  Mr. Moreno maintained that Visser Ranch was vicariously liable because the driver of the truck was acting in the scope of employment at the time of the accident.  Moreno v. Visser Ranch, Inc., et al., 5th Dist. Case No. F07822 (filed December 20, 2018). (more…)

Employer not Liable in Personal Injury Lawsuit where Employee was on her Cell Phone at the Time of the Accident

Brittini Zuppardo was talking with one of her employer’s court reporters, Michelle Halkett, while driving home from her boyfriend’s house late one evening.  Ms. Zuppardo was still on the phone when her vehicle crashed into Plaintiff Jessica Ayon, a pedestrian.  Ms. Ayon sustained significant injuries.  The police report indicated that Ms. Zuppardo was on the phone with “one of her court reporters” when the collision occurred.   (more…)