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Hinman v. Westinghouse

Supreme Court of California
471 P.2d 988 (1970)


Facts

Herman, an employee of Westinghouse (defendant), was driving home from a job site when he collided with Hinman (plaintiff), causing Hinman injuries. Under the standard union contract governing Herman’s employment with Westinghouse, Herman received compensation for his travel time and commuting expenses. Hinman brought a negligence claim against Westinghouse, claiming that Westinghouse was vicariously liable for Herman’s tort under the doctrine of respondeat superior. The trial judge refused to rule as a matter of law that Herman was acting within the scope of his employment, and instead instructed the jury to determine the scope of Herman’s employment. The jury found that Herman was outside the scope of employment, and accordingly returned a verdict in favor of Westinghouse.

Rule of Law

Issue

Holding and Reasoning (Peters, J.)

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