Lazar

Lazar v. Thermal Equipment Corp.

Good Law
148 Cal. App. 3d 458·195 Cal. Rptr. 890·1983 Cal. App. LEXIS 2318
Court of Appeal of CaliforniaOctober 27, 1983Civ. 66356California3,051 words

Opinion

Opinion

Schauer, J.

Defendant, Thermal Equipment Corporation, appeals from a judgment notwithstanding the verdict granted plaintiff, Marvin Lazar. The primary issue on appeal involves the applicability of the doctrine of respondeat superior in circumstances where defendant’s employee, Richard Lanno, injured plaintiff while the employee was driving his employer’s truck on a personal errand on his way home from work. We hold that the employee was within the scope of his employment and affirm.

Facts

On March 5, 1976, Richard Lanno, an employee of defendant Thermal Equipment Company (Thermal), finished work and left Thermal’s business premises. Lanno, driving a truck owned by defendant, headed in a direction away from both the plant and his home; he testified that he planned to stop at a store, purchase something, and then go to his home. Before reaching this store, the identity of which Lanno could not recall at trial, Lanno struck the vehicle driven by plaintiff-respondent Lazar, causing damage to Lazar’s car and person.

Lanno was employed as a project engineer for Thermal, which was a manufacturer of heating equipment and pressure vessels for the aerospace industry. In connection with his…

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