Tryer v. Ojai Valley School

Opinion

GILBERT, J. We affirm the summary judgment granted respondent Ojai Valiey School (OVS) because its employee, Lorraine West (West), was on a personal break between work shifts when her pickup truck collided with the automobile of appellants’ decedent, George Tryer. (Peccolo v. City of Los Angeles (1937) 8 Cal.2d 532, 539 [66 P.2d 651]; Arboleda v. Workmen’s Comp. App. Bd. (1967) 253 Cal.App.2d 481, 483, 485-486 [61 Cal.Rptr. 505].)

Facts

The material facts are undisputed. OVS employed West part time to feed its horses twice a day at its two campuses during two work shifts. OVS paid West by the hour for each shift from the time she arrived on one campus until she left the other campus. OVS did not pay West for travel time to or from work or for travel expenses.

The day of the accident West worked at both campuses during her morning shift between 6 a.m. and about 9 a.m. After her morning shift, she [1480]left one campus to ride her own horse and to eat her lunch at a ranch. At approximately 1:15 p.m., West left the ranch and headed towards the school’s lower campus to begin her afternoon shift. Around 1:30 p.m., however, her truck struck the automobile of appellants’ decedent, George Tryer.

Virginia Tryer, on behalf of herself and her two minor children, sued the Wests and General Motors Corporation. Several months later, Tryer filed an amended complaint alleging that OVS is vicariously responsible for the wrongful death of George Tryer. The trial court dismissed General Motors, the Wests settled with Tryer, and OVS answered the amended complaint.

OVS filed a motion for summary judgment contending that West was not engaged in the course and scope of her work when the accident occurred. Tryer filed a motion for summary adjudication on the same issue.

The trial court granted OVS’s motion, denied Tryer’s motion and entered judgment in favor of OVS.

Discussion

“Under the doctrine of respondeat superior, an employer is vicariously liable for his employee’s torts committed within the scope of the employment. This doctrine is based on ‘“a rule of policy, a deliberate allocation of a risk. The losses caused by the torts of employees, which as a practical matter are sure to occur in the conduct of the employer’s enterprise, are placed upon that enterprise itself, as a required cost of doing business.” ’ ” (Perez v. Van Groningen & Sons, Inc. (1986) 41 Cal.3d 962, 967 [227 Cal.Rptr. 106,719 P.2d 676], quoting Hinman v. Westinghouse Elec. Co. (1970) 2 Cal.3d 956, 959-960 [88 Cal.Rptr. 188, 471 P.2d 988]; Mary M. v. City of Los Angeles (1991) 54 Cal.3d 202, 208-209 [285 Cal.Rptr. 99, 814 P.2d 1341]; Civ. Code, § 2338.)