Forest Lawn Memorial-Park Assn. v. Super. Ct.
Opinion
Opinion
BACKGROUND
Plaintiff and real party in interest Daisy Ramirez sued defendant Joshua Brown
and others for negligence in causing a March 11, 2017, auto accident on Grapefruit
Boulevard in Riverside. The issue in this writ proceeding is whether petitioners Forest
Lawn Memorial-Park Association and Forest Lawn Mortuary (together, Forest Lawn) can
be held vicariously liable for damage caused by Brown’s negligence. If they cannot be,
they merit a writ of mandate ordering summary judgment in their favor.
Brown was a temporary receptionist working at Forest Lawn upon being placed
there by a staffing agency, Proper Solutions. He was traveling to work at the time of the
2 accident. Under the “‘going and coming rule,’” employers generally are not liable for
driving accidents during their employees’ commutes. (Hinman v. Westinghouse Elec.
Co. (1970) 2 Cal.3d 956, 961.) Under the “required vehicle” exception to that rule,
however, an employer may be liable where an employee is expressly or impliedly
required to use their vehicle for work. (Savaikie v. Kaiser Foundation Hospitals (2020)
52 Cal.App.5th 223, 232; see Ducey v. Argo Sales Co. (1979) 25 Cal.3d 707, 723).