Facts

On March 14, 2018, Jessica Darlene Navarro and Percy Maximo Rojas Huaraca were involved in a traffic collision on I-5 Northbound near Olympic Boulevard in Los Angeles County. At the time, Navarro was driving a passenger vehicle, and Rojas was operating a tractor trailer.

On February 26, 2020, Navarro filed suit against Rojas and Honorio Orozco Trucking, Inc. in Los Angeles County Superior Court.

PLAINTIFF'S CONTENTIONS: Navarro contended that the traffic accident was caused by Rojas negligently operating a 2012 Peterbilt tractor and a 2012 Mark Tanker; that Navarro was injured in the crash; and that Rojas was an employee or agent of Honorio Orozco. Navarro further contended that Honorio Orozco was vicariously liable for Rojas's negligence; that Honorio Orozco had also been negligent in hiring, training, supervision, and retention of Rojas; had negligently entrusted the tractor and trailer to him; and had done so with knowledge that he lacked the skill, training, experience, expertise, and temperament to safely operate the tractor and trailer on public roadways.

DEFENDANT'S CONTENTIONS: Honorio Orozco denied any wrongdoing or liability. Moreover, it contended that it could not be vicariously liable for Rojas's alleged negligence because he was paid by the trip and was not paid for his drive home. According to Honorio Orozco, at the time of the collision, Rojas had completed a delivery, stopped working for the day, and begun driving home, so he was not acting within the scope of his employment.

Result

The court granted summary judgment in favor of Honorio Orozco Trucking.