O'connor v. Mcdonald's Restaurants Of California, Inc. Et Al.

269 Cal. Rptr. 101 (1990)

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Nature of the Case

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Facts

Evans (D) and several McDonald's coworkers scoured the children's playground area of D's restaurant. The special cleaning prepared the restaurant for inspection as part of D's 'spring-blitz' competition. Evan (D) worked without pay in the cleanup party at D's request. Evans's (D) voluntary contribution of work and time is the type of extra effort leading to advancement in D's organization. After completing the cleanup, Evans (D) and four fellow workers went to the house of D's employee Duffer. Duffer had also participated in the evening's work. At Duffer's house, Evans (D) and the others talked shop and socialized into the early hours of the morning. About 6:30 a.m., as Evans (D), drove from Duffer's house toward his own home, his automobile collided with P's motorcycle. P sued Ds. P claimed D was liable for negligence on a theory of respondeat superior. P claimed Evans (D) was on a 'special errand' for D. If Evans (D) were on a special errand, then his driving would be exempt from the 'going and coming' rule by which an employer ordinarily is not liable for an employee's negligence while commuting. P posits the special errand began when Evans (D) left his own home and continued until he returned home. P moved for summary judgment. The court found Evans (D) was on a special errand, but the stop at Duffer’s was a complete departure. The court granted summary judgment for D. P appealed.