BAPTIST v. ROBINSON Part I
Winery employee, who borrowed storage bin without permission to transport grapes for his own personal stock of wine, was acting outside scope of employment while en route to purchase harvested grapes for himself during off-work hours--an errand of which the winery was unaware--so winery was not vicariously liable to plaintiff, who was allegedly injured when the storage bin fell off the truck. Court properly found there were no triable issues of fact as to winery's direct negligence where winery never gave employee permission to use storage bin, and no one at winery saw him take the bin or knew he was using it; bins were not intended to be used to transport harvested grapes; and there was no evidence that winery giving employee permission on several prior occasions to make small quantities of wine on premises for his personal use constituted ratification of dangerous or risky conduct.
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