Flynn v. Ralph M. Parsons Co.

WOOD, P. J. This is an action for damages for personal injuries resulting from a collision of automobiles. In a non jury trial, judgment was for the defendant. Plaintiffs appeal from the judgment.

Appellants contend that the evidence was insufficient to support the judgment.

Defendant Ralph M. Parsons Company, a corporation, is a large engineering company, with its home office in Los Angeles and several branch offices or divisions in other cities, including an electronics division in Pasadena. Defendant, Carl A. Budde, was employed, on an hourly basis at $2.60 an hour, as [182]an electronics technician in the Pasadena division where there were approximately 250 employees. It was the custom of the Parsons Company, each year from 1953 to 1961, to hold a Christmas party at a hotel in the Los Angeles area, and to extend invitations to all its employees, some of its clients, some law enforcement personnel in the area, and representatives of the state Department of Employment. The 1959 party was held at the Statler Hotel in Los Angeles. The invitation to the employees of the Pasadena division was extended by posting a typewritten invitation on the bulletin boards at the Pasadena division. The invitation which was addressed to “All Employees,” recited in substance that the employees were cordially invited to attend another annual party for the employees of the company to be held on Thursday, December 24, 1959, at the Statler Hotel in Los Angeles,—that the party would be from 2:30 p.m. to 4 p.m., and that the employees should remain at work until 1 p.m.

The company provided buses for transporting the employees from the office building in Pasadena to the hotel, but they could go to the party by any other kind of transportation. The employee Carl Budde (a defendant named herein), whose assigned duties as an electronics technician did not involve any “off the premises” activities, left the company building in Pasadena on December 24, 1959, about 10 a.m., and did not return there on that day. After the Pasadena office had closed on that day, and while several employees were in front of the Pasadena office building—about 1:45 p.m.—waiting for the bus to arrive, the employee Budde came there. Three witnesses testified that at that time he was under the influence of, intoxicating liquor. The bus was a few minutes late in arriving, and about 2 p.m. the employee, Budde, and another employee entered Budde's automobile, and Budde drove it away, intending to go to the Christmas party. Later, that automobile, which was traveling southerly on the Pasadena Freeway toward Los Angeles, was in a collision with another automobile (the one occupied by plaintiffs) which was traveling northerly on the freeway toward Pasadena,—the point of impact was in the easterly lane in which the plaintiffs were traveling. The record does not show whether Budde arrived at the party.