vehicle-use exception in California

2018BAKER, J., Dissenting Sufficiently regular use of a personal vehicle for travel to perform employment duties, where it confers a substantial incidental benefit on an employer, can properly support application of the vehicle-use exception even if the vehicle was not required for such duties "at the time of the accident," as the majority today holds. ( Lobo v. Tamco (2010) 182 Cal.App.4th 297 , 302-303, 105 Cal.Rptr.3d 718 [evidence that "[d]uring 2005, the year of the accident, [the employee] visited customer sites [using his own car only] five times or fewer" is sufficient to support a conclus

2018BAKER, J., Dissenting Sufficiently regular use of a personal vehicle for travel to perform employment duties, where it confers a substantial incidental benefit on an employer, can properly support application of the vehicle-use exception even if the vehicle was not required for such duties "at the time of the accident," as the majority today holds. ( Lobo v. Tamco (2010) 182 Cal.App.4th 297 , 302-303, 105 Cal.Rptr.3d 718 [evidence that "[d]uring 2005, the year of the accident, [the employee] visited customer sites [using his own car only] five times or fewer" is sufficient to support a conclus

2018BAKER, J., Dissenting Sufficiently regular use of a personal vehicle for travel to perform employment duties, where it confers a substantial incidental benefit on an employer, can properly support application of the vehicle-use exception even if the vehicle was not required for such duties "at the time of the accident," as the majority today holds. ( Lobo v. Tamco (2010) 182 Cal.App.4th 297 , 302-303, 105 Cal.Rptr.3d 718 [evidence that "[d]uring 2005, the year of the accident, [the employee] visited customer sites [using his own car only] five times or fewer" is sufficient to support a conclus

2018BAKER, J., Dissenting Sufficiently regular use of a personal vehicle for travel to perform employment duties, where it confers a substantial incidental benefit on an employer, can properly support application of the vehicle-use exception even if the vehicle was not required for such duties "at the time of the accident," as the majority today holds. ( Lobo v. Tamco (2010) 182 Cal.App.4th 297 , 302-303, 105 Cal.Rptr.3d 718 [evidence that "[d]uring 2005, the year of the accident, [the employee] visited customer sites [using his own car only] five times or fewer" is sufficient to support a conclus

2018Appeals Bd. (2017) 12 Cal.App.5th 1031 , 1041, 219 Cal.Rptr.3d 630 ["[employee's] transit bestowed a direct benefit on [employer], as [employer] knew that [employee] had to transit between homes to service more than one home a day"]; compare, e.g., Pierson v. Helmerich & Payne Internat.

2018Appeals Bd. (2017) 12 Cal.App.5th 1031 , 1041, 219 Cal.Rptr.3d 630 ["[employee's] transit bestowed a direct benefit on [employer], as [employer] knew that [employee] had to transit between homes to service more than one home a day"]; compare, e.g., Pierson v. Helmerich & Payne Internat.

2020Appellants suggest there is a variation of the vehicle use exception which focuses on whether the employer derives an incidental benefit from the employee’s use of the vehicle.2 We question whether this is an independent basis for the exception (see Pierson, supra, 4 Cal.App.5th at p. 625 [phrase “incidental benefit exception” is used as the equivalent of the required- vehicle exception]), rather than merely a factor to be considered 2 Kaiser argues appellants did not raise the incidental benefit argument in the trial court.

2020Appellants suggest there is a variation of the vehicle use exception which focuses on whether the employer derives an incidental benefit from the employee’s use of the vehicle.2 We question whether this is an independent basis for the exception (see Pierson, supra, 4 Cal.App.5th at p. 625 [phrase “incidental benefit exception” is used as the equivalent of the required- vehicle exception]), rather than merely a factor to be considered 2 Kaiser argues appellants did not raise the incidental benefit argument in the trial court.

2016(Cf. Pilgrim v. Fortune Drilling Co., Inc. (5th Cir. 1981) 653 F.2d 982, 986-987 [jury's verdict overturned; no respondeat superior liability for employer where employer and employee testified the employer did not control the transport of the drilling crew, despite payment of a per diem].) 4 Our division of the vehicle-use exception for purposes of this summary judgment motion should not be read as implying that this division is required, or even helpful, when presenting the scope of employment issue to a jury.