Tryer
Tryer v. Ojai Valley School
Opinion
Lead Opinion
Gilbert, J.
We affirm the summary judgment granted respondent Ojai Valiey School (OVS) because its employee, Lorraine West (West), was on a personal break between work shifts when her pickup truck collided with the automobile of appellants’ decedent, George Tryer. (Peccolo v. City of Los Angeles (1937) 8 Cal.2d 532, 539 [ 66 P.2d 651 ]; Arboleda v. Workmen’s Comp. App. Bd. (1967) 253 Cal.App.2d 481, 483, 485-486 [ 61 Cal.Rptr. 505 ].)
Facts
The material facts are undisputed. OVS employed West part time to feed its horses twice a day at its two campuses during two work shifts. OVS paid West by the hour for each shift from the time she arrived on one campus until she left the other campus. OVS did not pay West for travel time to or from work or for travel expenses.
The day of the accident West worked at both campuses during her morning shift between 6 a.m. and about 9 a.m. After her morning shift, she *1480 left one campus to ride her own horse and to eat her lunch at a ranch. At approximately 1:15 p.m., West left the ranch and headed towards the school’s lower campus to begin her afternoon shift. Around 1:30 p.m., however, her truck struck the automobile of appellants’ decedent,…