Henderson v. Adia Services, Inc.

J.—Plaintiff and appellant Patricia M. Comstock Henderson appeals from the summary judgment entered in favor of defendant, cross-complainant and respondent Adia Services, Inc. in an action for damages for personal injuries. The sole question presented on this appeal is whether one Rodger Wrede was within the scope of his employment by defendant when he caused an automobile accident resulting in injury to plaintiff. We conclude the trial court properly determined that the accident was without the scope of the employment relationship, and affirm the judgment.

Facts

Contrary to plaintiff’s assertions, the material facts are substantially undisputed.

Plaintiff was injured on November 19, 1981, when her vehicle was struck from the rear by a vehicle driven by Wrede. At the time of the accident, Wrede was employed by defendant, a temporary employment agency, and was driving his own automobile to a temporary job packing stereos for Mitsubishi Electric Sales America.

Plaintiff filed an action for damages against Wrede and various Does. Following discovery, she amended the complaint pursuant to Code of Civil Procedure section 474, substituting defendant in place of a Doe.…