Anderson

The trial court granted defendant’s motion for summary judgment, finding that based upon the undisputed facts, the doctrine of respondeat superior did not apply when an employee of defendant was involved in an automobile accident while on his way home from work. Plaintiff contends the fact the employee was receiving payment for his travel expenses meant the employee was acting within the scope of employment when traveling to and from his job. Plaintiff also contends there are several material disputed factual issues.

We conclude that the payment of a travel allowance does not alter the general rule that an employee is not acting within the scope of employment while commuting to and from work. We find no material disputed factual issues in this case and affirm the judgment.

Factual and Procedural History

Plaintiff Hans Anderson was injured when his car collided with a car driven by Donald Henry, an employee of Pacific Gas and Electric Co. (hereafter, PG&E). Henry and his passenger, John Quintana, also a PG&E employee, had finished work for the day and were returning home when Henry’s car crossed the center line of the road.

Henry and Quintana suffered minor injuries in…