Haddad v. Forbes Industries
This is an appeal from a summary judgment entered against plaintiffs and appellants, Salam Haddad et al., (hereafter collectively referred to as plaintiffs) in their action seeking damages, among other things, for wrongful death against defendants and respondents, Forbes Industries and The Winsford Corporation (defendants). Plaintiffs are the surviving wife and children of Nail Haddad, who was killed the morning of May 21, 2009, in a head-on collision with Rueben Michael Garcia (Garcia), who was driving the wrong way on a freeway off ramp. Garcia was under the influence of alcohol at the time of the collision and had a blood-alcohol level of 0.23. Defendants are Garcia’s employers, whom plaintiffs sued on the theory that Garcia was acting in the course and scope of his employment when the accident occurred.
Defendants moved for summary judgment asserting it was undisputed that Garcia had not come to work on the day of the accident. Therefore, defendants asserted it was undisputed that the accident that killed Nail Haddad had not occurred in the course and scope of Garcia’s employment. The trial court found there was no triable issue of material fact on that element of plaintiffs’ complaint and granted summary judgment in defendants’ favor.
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