Peyman Broukhim, et al. v. Jorge Sanchez, et al.
Published: Dec. 22, 2017 | Result Date: Nov. 14, 2017 | Filing Date: Oct. 20, 2016 |Case number: BC637992 Summary Judgment – Defense in Part
Judge
Court
Los Angeles County Superior Court
Attorneys
Plaintiff
Barry B. Novack
(Law Office of Barry B. Novack)
Defendant
Anthony T. Case
(Case, Harvey & Fedor)
Facts
On March 17, 2015, Parviz Broukhim, 78, was struck by defendant Jorge Sanchez who was on his way to his employment at defendant F.K. Nursery Inc.
Decedent's widow and adult children filed suit against Sanchez and his employer.
Contentions
PLAINTIFFS' CONTENTIONS: Plaintiffs claimed defendants were responsible for the decedent's wrongful death.
DEFENDANTS' CONTENTIONS: The nursery contended that the driver was on his way to work, and therefore the nursery was not responsible for the actions of the driver. The driver was not acting within the scope of his employment.
Result
The nursery's motion for summary judgment was granted. Generally, employers are exempt from vicarious liability under the "going and coming" rule. That rule applied here. The driver was not acting in the scope of his employment.
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