Within The Scope Of Employment Includes Planned Stops For Frozen Yogurt And A Yoga Class.

An employee of an insurance broker was required to use her personal vehicle to visit prospective clients, make presentations, provide educational seminars, follow leads, and transport company materials. On the day of an accident, at the end of the workday, she decided she would stop for some frozen yogurt and take a yoga class. As she made a left turn into the yogurt shop, she collided with a motorcyclist. The motorcyclist filed an action against the employee and her employer, and the trial court granted summary judgment in favor of the employer on the ground the employee was not acting within the scope of employment when she made that left turn. The appellate court reversed, stating: “Because the employer required the employee to use her personal vehicle to travel to and from the office and make other work-related trips during the day, the employee was acting within the scope of employment when she was commuting to and from work. The planned stops for frozen yogurt and a yoga class on the way home did not change the incidental benefit to the employer of having the employee use her personal vehicle to travel to and from the office and other destinations.” (Moradi v. Marsh USA, Inc. (Cal. App. Second Dist., Div. 1; September 17, 2013) 219 Cal.App.4th 886.)