Plaintiff alleges that defendant required employee to work excessive hours, which fatigued her

An employer can’t be held vicariously liable for a person’s injuries if its negligent employee wasn’t acting within the course and scope of their employment at the time of the accident, a California court has said.

In Feltham et al. v. Universal Protection Service, LP, a Santa Ana, CA-based employer, which provided security guard services to a university’s medical facilities, hired the employee as a security guard and assigned her to the overnight shift five nights per week.

One morning, about an hour after finishing her shift, the employee fell asleep on her way home, drove her car into oncoming traffic and hit the plaintiff, who was riding a motorcycle. The collision severely injured the plaintiff, who filed a complaint based on third-party negligence, among other claims.

She alleged that the employer was negligent in doing the following, therefore causing the accident and the resulting injuries:

• requiring and allowing the employee to work excessive hours, which fatigued and tired her to the point of falling asleep at the wheel in the course and scope of her employment;
• failing to provide transportation for the employee, who fell asleep while driving in the course and scope of her employment.

The trial court granted summary judgment in the employer’s favor because the employee wasn’t acting within the course and scope of her employment at the time of the accident and because...

Read Full Story: https://www.hcamag.com/us/specialization/employment-law/injured-party-sues-em...