Purton v. Marriott Int'l, Inc.

• Decision Date: 31 July 2013
• Docket Number: D060475
• Citation: 218 Cal.App.4th 499,159 Cal.Rptr.3d 912
• Parties: Alan PURTON et al., Plaintiffs and Appellants, v. MARRIOTT INTERNATIONAL, INC., et al., Defendants and Respondents.
• Court: California Court of Appeals Court of Appeals

218 Cal.App.4th 499

159 Cal.Rptr.3d 912

Alan PURTON et al., Plaintiffs and Appellants,

v.MARRIOTT INTERNATIONAL, INC., et al., Defendants and Respondents.

D060475

Court of Appeal,

Fourth District, Division 1, California.

Filed July 31, 2013

See 3 Witkin, Summary of Cal. Law (10th ed. 2005) Agency and Employment, § 176 et seq.

APPEAL from a judgment of the Superior Court of San Diego County, Richard E.L. Strauss, Judge. Reversed. (Super.Ct. No. 37–2010–00099161–CU–PA–CTL)

Mardirossian & Associates, Garo Mardirossian, Armen K. Akaragian; Law Offices of Eran Lagstein, Eran Lagstein, Los Angeles, Dimitrios N. Theofilopoulos; The Ehrlich Law Firm and Jeffrey I. Ehrlich for Plaintiffs and Appellants.

Brady, Vorwerck, Ryder & Caspino, Robert B. Ryder and Ravi Sudan, Orange, for Defendants and Respondents.

McINTYRE, J.

In this case, an employee consumed alcoholic beverages at an employer hosted party and became intoxicated. The employee arrived home safely, but then left to drive a coworker home. During that drive, the employee struck another car, killing its driver. The trial court granted summary judgment for the employer on the ground the employer's potential liability under the doctrine of respondeat superior ended when the employee arrived home.

We hold that an employer may be found liable for its employee's torts as long as the proximate cause of the injury (here, alcohol consumption) occurred within the scope of employment. It is irrelevant that foreseeable effects of the employee's negligent conduct (here, the car accident) occurred at a time the employee was no longer acting within the scope of his or her employment. We also hold that no legal justification exists for terminating the employer's liability as a matter of law simply because the employee arrived home safely from the employer hosted party. Accordingly, we reverse the judgment in favor of the employer.

FACTUAL AND PROCEDURAL BACKGROUND

Defendant Marriott International, Inc. (Marriott) employed Michael Landri as a bartender at the Marriott Del Mar Hotel (the Hotel). Dennis Fraher was the Hotel general manager and Joseph Emma was the assistant general manager. Emma was the second highest ranking person at the Hotel from 2005 to 2009. Sarah Hanson was the department head or general manager for the restaurant. Emma was Hanson's immediate supervisor.

In December 2009, the Hotel held its annual holiday party as a “thank you” for its employees and management. Marriott did not require that its employees attend the party. Emma and Hanson decided that each party attendee would receive two drink tickets. They planned to serve only beer and wine at the party.

Landri did not work on the day of the party. Before the party, Landri drank a beer and a shot of “Jack Daniel's” whiskey at his home. Page Savicki drove Landri and three other individuals to the party. They arrived at the party at about 6:15 p.m. Landri took a flask to the party, which he estimated held about five ounces, filled to some degree with Jack Daniel's.

Hanson was the only bartender at the party. At one point during the party, Hanson had a bottle of Jack Daniel's from the Hotel's liquor supply brought to the bar. Landri recalled filling his flask once during the party, but it might have been more. At about 9:00 p.m., Landri, Savicki and several other people left the party. Landri “believe[d]” that Savicki drove home. Savicki and another person support this belief, while a fourth person claimed that Landri drove. Landri did not consume any alcohol after leaving the Hotel.

After about 20 minutes, Landri decided to drive home a coworker that had become intoxicated at the party. While doing so, Landri struck a vehicle driven by Dr. Jared Purton, killing Dr. Purton. Following the accident, Landri had a .16 blood alcohol level. He pleaded guilty to gross vehicular manslaughter while under the influence of alcohol and received a six-year prison sentence.

Plaintiffs, Dr. Purton's parents, filed this wrongful-death action against Landri, Marriott and others. As relevant to the issue before us, Plaintiffs alleged that Marriott held the party for its benefit, including to improve relations between employees, improve relations between it and employees, and increase the continuity of employment by providing a fringe benefit. As a bartender, Landri had an above average education regarding the effects of drinking alcohol. Landri became extremely intoxicated at the party. Although intoxicated, Landri was allowed to leave the Hotel and drive. Landri arrived home and then decided to drive another person home. While still intoxicated and driving over 100 miles per hour, Landri rear-ended Dr. Purton's vehicle.

Marriott moved for summary judgment on the ground it was not liable because the accident did not occur within the scope of Landri's employment. The trial court granted the motion, finding that at the time of the accident, Landri was not acting within the scope of his employment. Plaintiffs timely appealed.

DISCUSSION

I. Standard of Review

When a defendant moves for summary judgment, the defendant “bears the burden of persuasion that there is no triable issue of material fact and that [the defendant] is entitled to judgment as a matter of law.” (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 850, 107 Cal.Rptr.2d 841, 24 P.3d 493.) If the defendant meets its initial burden, the burden shifts back to the plaintiff to show that a triable issue of fact exists as to that cause of action. (Code Civ. Proc., § 437c, subd. (p)(2).) “We review the trial court's decision de novo, liberally construing the evidence in support of the party opposing summary judgment and resolving doubts concerning the evidence in favor of that party.” (State of California v. Allstate Ins. Co. (2009) 45 Cal.4th 1008, 1017, 90 Cal.Rptr.3d 1, 201 P.3d 1147.)

II. Respondeat Superior Liability

“Under the doctrine of respondeat superior, an employer may be held vicariously liable for torts committed by an employee within the scope of employment.” (Mary M. v. City of Los Angeles (1991) 54 Cal.3d 202, 208, 285 Cal.Rptr. 99, 814 P.2d 1341 (Mary M.).) Early authorities sought to justify the respondeat superior doctrine on a number of theories, including control by the employer of the employee. (Hinman v. Westinghouse Elec. Co. (1970) 2 Cal.3d 956, 959, 88 Cal.Rptr. 188, 471 P.2d 988 (Hinman ).) The modern justification for respondeat superior is a deliberate policy allocation of risk. (Ibid.)

Under the respondeat superior doctrine, the term “scope of employment” has been interpreted broadly. (Farmers Ins. Group v. County of Santa Clara (1995) 11 Cal.4th 992, 1004, 47 Cal.Rptr.2d 478, 906 P.2d 440 (Farmers ).) “ ‘[T]he employer's liability extends beyond his actual or possible control of the employee to include risks inherent in or created by the enterprise.’ ” (Id. at p. 1003, 47 Cal.Rptr.2d 478, 906 P.2d 440, italics deleted.) “ ‘[T]he fact that an employee is not engaged in the ultimate object of his employment at the time of his wrongful act does not preclude attribution of liability to an employer.’ ” (Id. at p. 1004, 47 Cal.Rptr.2d 478, 906 P.2d 440.) Thus, an employer's vicarious liability may extend to the employee's negligence, willful and malicious torts, or acts that contravene an express company rule and confer no benefit to the employer. (Ibid.)

The plaintiff bears the burden of proving that the employee's tortious act was committed within the scope of employment. ( Mary M.,supra, 54 Cal.3d at p. 209, 285 Cal.Rptr. 99, 814 P.2d 1341.) “Ordinarily, the determination whether an employee has acted within the scope of employment presents a question of fact; it becomes a question of law, however, when ‘the facts are undisputed and no conflicting inferences are possible.’ ” (Id. at p. 213, 285 Cal.Rptr. 99, 814 P.2d 1341.)

Significantly, the imposition of respondeat superior liability is not dependent on the employer's undertaking any act or upon any fault by the employer. (Perez v. Van Groningen & Sons, Inc. (1986) 41 Cal.3d 962, 967, 227 Cal.Rptr. 106, 719 P.2d 676 (Perez ).) Rather, an employer may be vicariously liable for an employee's tort if the employee's act was an “ ‘outgrowth’ ” of his employment, “ ‘ “inherent in the working environment,” ’ ” “ ‘ “typical of or broadly incidental to” ’ ” the employer's business, or, in a general way, foreseeable from the employee's duties. (Lisa M. v. Henry Mayo Newhall Memorial Hospital (1995) 12 Cal.4th 291, 298–299, 48 Cal.Rptr.2d 510, 907 P.2d 358.) Foreseeability in the context of respondeat superior liability must be distinguished from foreseeability as a test for negligence. (Farmers,supra, 11 Cal.4th at p. 1004, 47 Cal.Rptr.2d 478, 906 P.2d 440.) “ ‘ “[F]oreseeability” as a test for respondeat superior merely means that in the context of the particular enterprise an employee's conduct is not so unusual or startling that it would seem unfair to include the loss resulting from it among other costs of the employer's business.’ ” (Ibid. italics deleted.)

III. Analysis

Marriott contends the trial court properly granted summary judgment because the undisputed facts show that Landri was outside the scope of his employment when the accident occurred and Landri's purpose for leaving his home was unrelated to his work. Put simply, Marriott argues that any liability it faced under the respondeat superior doctrine terminated as a matter of law when Landri arrived home safely after the party. Plaintiffs assert the trial court improperly granted the motion because Landri's intoxication arose within the scope of employment; accordingly, Marriott's respondeat superior liability followed the risk created by the intoxication wherever it proximately caused harm.

As we shall explain, the trial court improperly granted summary judgment because a reasonable trier of fact could find that Landri acted negligently by becoming intoxicated at the party, that this act was within the scope of...