The Doctrine Of Respondeat Superior: Is This The End Of Company Christmas Parties???

An employee consumed alcoholic beverages at an employer hosted party and became intoxicated. The employee arrived home safely, but then left to drive a coworker home. During that drive, the employee struck another car, killing its driver. The trial court granted summary judgment for the employer on the ground the employer’s potential liability under the doctrine of respondeat superior ended when the employee arrived home. The appellate court reversed, stating: “We hold that an employer may be found liable for its employee’s torts as long as the proximate cause of the injury (here, alcohol consumption) occurred within the scope of employment. It is irrelevant that foreseeable effects of the employee’s negligent conduct (here, the car accident) occurred at a time the employee was no longer acting within the scope of his or her employment. We also hold that no legal justification exists for terminating the employer’s liability as a matter of law simply because the employee arrived home safely from the employer hosted party.” Purton v. Marriott International, Inc. (Cal. App. Fourth Dist., Div. 1; July 31, 2013) 218 Cal.App.4th 499, [159 Cal.Rptr.3d 912].