Law360, New York (December 7, 2011, 2:10 PM EST) -- Under facts never before addressed by a California court, a California Court of Appeal recently ruled that when an on-duty employee injures an individual while engaging in arguably personal pursuits, the employer is still liable for the injuries. Vogt v. Herron Construction, No. E052434 (Fourth Dist., Div. Two Nov. 1, 2011).
Herron was the framing subcontractor on a construction project at which Performance Concrete was pouring concrete. Jesus Cruz was an employee of Herron, and Augustus Vogt was an employee of Performance.