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O'Connor v. McDonald’s Restaurants of California, Inc.
California Court of Appeal
269 Cal. Rptr. 101 (1990)
Around 6:30 a.m. one morning, Martin O’Connor (plaintiff) was seriously injured when a vehicle driven by Evans, an employee of McDonald’s Restaurants of California, Inc. (McDonald’s) (defendant), collided with O’Connor’s motorcycle. From 8:00 p.m. until approximately midnight the night before, Evans, an aspiring manager, and several other McDonald’s employees engaged in a special cleaning project to prepare the restaurant for the “spring-blitz” competition. Evans and the other employees worked without pay to clean the restaurant at McDonald’s request. After completing the cleaning, Evans and four co-workers went to the home of an employee, Duffer, to socialize and to talk about their work and employee-manager relations. Around 6:30 a.m. the following morning, Evans left Duffer’s home and crashed into O’Connor. O’Connor filed a negligence suit against McDonald’s and McDonald’s Corporation (together McDonald’s) on the theory of respondeat superior and seeking damages for personal injuries including the loss of his left leg below his knee. O’Connor claimed Evans was on a “special errand” for McDonald’s at the time of the accident. The trial court disagreed and granted McDonald’s motion for summary judgment. O’Connor appealed.
Rule of Law
Holding and Reasoning (Kremer, P.J.)
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