Depew

Depew v. Crocodile Enterprises, Inc.

Good Law
1998 Cal. App. LEXIS 357·63 Cal. App. 2d 480·63 Cal. App. 4th 480·73 Cal. Rptr. 2d 673·98 Daily Journal DAR 4202
Court of Appeal of CaliforniaApril 22, 1998B109565California5,598 words

Opinion

Opinion

Masterson, J.

While driving home from work, one of defendant’s employees fell asleep and rear-ended another vehicle, killing its driver. The heirs of the deceased driver brought this action against the employer, alleging that it had acted negligently by subjecting the employee to excessive work hours and then allowing him to drive home in a state of exhaustion. The trial court granted summary judgment for the employer. We affirm on the ground that the employer’s conduct did not proximately cause the accident.

Background

In May 1994, Jeffery Stivers worked as a general manager at the Crocodile Cafe in Brea, California. On Sunday, May 15, 1994, at 1 a.m., Stivers was driving westbound on the Simi Valley Freeway near Haskell Avenue when he rear-ended a vehicle driven by Diane Depew. Depew died from the injuries she sustained in the accident.

According to the police report, Stivers told the investigating officer that he had fallen asleep at the wheel after having worked a double shift on Friday, May 13, 1994, and a night shift on Saturday, May 14, 1994. As stated in the report: “Mr. Stivers . . . related to me at the scene, he was driving . . . W/B SR-118 at 55-60 mph. He was unsure of…

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