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O'CONNOR v. McDonald's Restaurants

Citations: 220 Cal. App. 3d 25; 269 Cal. Rptr. 101; 55 Cal. Comp. Cases 151; 1990 Cal. App. LEXIS 448Docket: D008866

Court: California Court of Appeal; April 26, 1990; California; State Appellate Court

Narrative Opinion Summary

In this case, a summary judgment was initially granted in favor of McDonald's Restaurants of California, Inc. and McDonald's Corporation, dismissing a personal injury claim filed by Martin K. O'Connor. The claim arose from a motorcycle accident involving Evans, a McDonald's employee, who O'Connor argued was on a special errand for McDonald's at the time of the incident. The superior court ruled that Evans's social visit to a colleague's house after performing a special cleaning task constituted a complete departure from the errand, thereby exempting McDonald's from vicarious liability. However, the appellate court reversed this decision, emphasizing the need for a jury to resolve factual disputes regarding Evans's intent and whether his actions constituted merely a diversion or a complete departure from the special errand. The court highlighted that under the doctrine of respondeat superior, an employer's liability depends on whether the employee was acting within the scope of employment. The appellate court found sufficient evidence suggesting that the gathering could have been related to McDonald's business objectives, negating the summary judgment and remanding the case for further proceedings. Consequently, the Supreme Court declined to review the matter, and O'Connor was awarded costs on appeal.

Legal Issues Addressed

Factual Disputes in Special Errand Cases

Application: The presence of work-related activities at a social event raised triable issues about whether the employee abandoned his special errand, justifying the need for a jury trial.

Reasoning: Such evidence indicates that Evans may not have completely abandoned his duties, as conversations at the gathering revolved around work-related topics and preparations for the spring blitz competition, raising triable issues regarding his intent and the nature of the gathering.

Going and Coming Rule and Special Errand Exception

Application: The court acknowledged that the special errand exception could apply, but the question remained if the employee abandoned this errand for personal reasons, thus falling outside the scope of employment.

Reasoning: Generally, employees are considered outside this scope during their ordinary commutes to work, known as the going-and-coming rule, as they are not rendering services to their employer during this time.

Scope of Employment Under Respondeat Superior

Application: The appellate court reversed the summary judgment, finding that the resolution of whether the employee's actions were within the scope of employment is a factual matter for the jury.

Reasoning: The case underscores the principle that an employer's liability is contingent upon whether an employee is acting within the scope of employment at the time of the incident.

Vicarious Liability and the Special Errand Exception

Application: The court examined whether the employee was on a special errand for the employer at the time of the accident, determining that factual disputes over the employee's intent and actions precluded summary judgment.

Reasoning: The determination of whether Evans merely 'diverted' from his errand rather than 'completely departed' involves resolving factual disputes that should be examined by a jury.