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Case Name | Advekian v. 20th Century Fox | |
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Date | 06/22/2009 | |
Note | A sleepy worker's long hours did not create vicarious liability for his employer in a tort action under respondeat superior. | |
Citation | B205933 | |
WCC Citation | WCC 35362009 CA |
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION FOUR EDWARD AVEDIKIAN, PLAINTIFF AND APPELLANT, v. TWENTIETH CENTURY FOX FILM CORPORATION ET AL. , DEFENDANTS AND RESPONDENTS. Wood, Smith, Henning & Berman, Kevin D. Smith, Anne K. McIntyre and Nicholas M. Gedo for Defendant and Respondent Twentieth Century Fox Film Corporation. The complaint was amended to name Twentieth Century Fox Film Corporation (Fox) and Davis Entertainment Company (Davis) as Doe defendants on a theory of vicarious liability because Nevarez allegedly was acting as their employee at the time of the accident. As to Fox, the trial court refused to extend the special risk exception to the going-and-coming rule as appellant urged. Opinion Footnotes *fn1 Although appellant appealed from the judgment in favor of both Fox and Davis, in his opening brief, he stated that he was only pursuing the appeal as to Fox.
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