Facts

Edwardo Rodriguez was driving on the I-10 Freeway when he collided head-on with another vehicle driven by Edward Fernandez. Rodriguez filed a complaint against Fernandez, and his employer, Floor Plans Construction and Development, for injuries that arose out of the vehicle collision.

PLAINTIFF'S CONTENTIONS: Plaintiff contended that defendant Fernandez was driving to his place of work, a construction site in San Bernardino, when defendant Fernandez crossed over the middle line and caused a head-on collision with a vehicle driven by plaintiff. Plaintiff alleged that defendant Fernandez was negligent for the subject of the accident and that he was in the course and scope of work at the time of the incident. Plaintiff offered evidence that defendant Floor Plans gave defendant Fernandez equipment to carry between jobs. Plaintiff contended that defendant Floor Plans was vicariously liable for defendant Fernandez's accident because defendant Floor Plans derived a benefit from defendant Fernandez's having his car at defendant Floor Plans' job sites on a daily basis.

DEFENDANTS' CONTENTIONS: Defendants denied all contentions. Defendant Floor Plans claimed that it did not owe a duty of care to plaintiff. Defendant Floor Plans asserted that defendant Fernandez was not in the course and scope of employment at the time of the subject incident; the accident occurred outside of defendant Fernandez's regular work hours; defendant Fernandez was not engaged in the business of defendant Floor Plans at the time of the accident; and defendant Fernandez had not used his vehicle for any business purpose that day. Defendant Floor Plans proffered evidence that defendant Fernandez did not need a car to conduct its business. Defendant Fernandez also testified that it was extremely uncommon for him to carry equipment between jobs, and was limited to, perhaps, a wrench.

Result

Summary judgment was granted in favor of Floor Plans Construction and Development Inc.