McGarvey

Plaintiff Robert McGarvey appeals from a defense judgment after the trial court granted a summary judgment as to plaintiff’s first cause of action and plaintiff elected to stand on his second cause of action after a general demurrer thereto had been sustained. The basis of both causes of action was personal injuries suffered by McGarvey, a motorcyclist, when defendant Howell (an employee of P. G. & E. not involved in this appeal) allegedly made a left turn as a part of an intended U-turn and struck McGarvey.

We will hold: (a) that P. G. & E. did not owe McGarvey a duty of care under the count of the complaint claiming a direct liability, and (b) that P. G. & E. was not vicariously liable because at the time of the accident Howell was not acting within the course and scope of his employment.

Facts

As alleged in the complaint plaintiff was driving a 1965 Honda motorcycle in a westerly direction on Fruitridge Road in Sacramento County, on May 15, 1968. Defendant Howell was driving a 1956 Ford car, also in a westerly direction, on Fruitridge Road. Defendant Howell made a U-turn in front of plaintiff’s motorcycle and the motorcycle collided with the car, causing plaintiff’s…