Lobo

INTRODUCTION

In Lobo v. Tamco (2010) 182 Cal.App.4th 297 [ 105 Cal.Rptr.3d 718 ] (Lobo I), we reversed a summary judgment in favor of the defendant, Tamco, and remanded the matter for further proceedings in the trial court. Trial was held solely on the issue of Tamco’s vicarious liability for the negligence of its employee, Luis Del Rosario. The jury found in favor of Tamco. Plaintiffs, the survivors of a deputy sheriff killed in a vehicular collision with Del Rosario’s car as he left Tamco’s premises (see Lobo I, at p. 299), contend that based on the legal principles we enunciated in Lobo I, the evidence adduced at trial compels a finding that Del Rosario was acting within the scope of his employment when the accident occurred. They also argue that the trial court erred in refusing a requested jury instruction.

We conclude that substantial evidence supports the verdict and that the court properly rejected the requested instruction. Accordingly, we will affirm the judgment.

BACKGROUND

Daniel Lobo, a San Bernardino County deputy sheriff, was killed on October 11, 2005, as the result of the allegedly negligent operation of a motor vehicle by defendant Luis Del Rosario,…