Court Publishes Ruling Applying Comp Principles to Determine Employer's Vicarious Liability

The 1st District Court of Appeal last week ordered publication of a decision it issued last month finding an employer could not be held vicariously liable for the alleged negligence of an employee in causing a fatal car accident. In Morales-Simental v. Genentech, No. A145865, the court explained that an employer generally will be held vicariously liable for the tortious conduct of its employees within the scope of their employment. However, the court said, California case law has recognized that an employee commuting to or from work is typically outside the scope of employment, and the emplo...