Klinke v. United Parcel Service
This appeal examines respondeat superior liability in the context of Defendant's driver’s scope of employment. The issue is whether a Defendant's driver was acting in the course and scope of his employment when, while at home on a Friday evening, the driver divulged a customer’s address to a stranger who thereafter murdered that customer.
Plaintiff, the murder victim’s mother, filed a complaint against Defendant and others seeking to hold the defendants legally responsible for the injuries caused by the murderer’s violent criminal conduct. The trial court sustained defendant’s demurrer without leave to amend on the ground that there was no breach of duty attributable to defendant. The court concluded that the driver was acting outside the course and scope of his Defendant's employment when he allegedly disclosed the victim’s address.
Judgment Affirmed.
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