Responding To Calif.'s Reading Of Respondeat Superior

Law360, New York (October 5, 2015, 2:36 PM EDT) -- While it is well-established in California that employers are vicariously liable for injuries their employees cause while those employees are "in the course and scope of employment," one area where employers have historically been able to breathe a sigh of relief is with employee's acts and omissions during commuting time coming and going from work or while those employees are at home and off the clock. Thus, the employee who, during the morning commute to his or her job, gets into a collision with another driver, is generally deemed to not be in the course and scope of employment, and the injured third party is therefore prevented from suing the employer for such injuries under the doctrine of respondeat superior. (See Hinman v. Westinghouse Elec. Co. (1970) 2 Cal.3d 956.)...

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