Forest Lawn Memorial-Park Assn. v. Super. Ct.

Good Law
Court of Appeal of CaliforniaOctober 7, 2021E076549California5,015 words

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).

Forest Lawn’s…

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