Davis v. Vumore Cable Co

In Davis v. Vumore Cable Co., 14 Ariz. App. 411, 484 P.2d 23 (1971), the court addressed the employer's liability for an out-of-town employee using a company truck for a personal errand. The defendant company provided vehicles for its crew of men working out of town, but instructed them not to use the vehicles on Sundays except to go to and from meals. Id. at 413, 484 P.2d at 25. One employee used a truck to go to a meal, brought the truck back to the hotel, and then took the truck out later and had an accident. Id. at 412-13, 484 P.2d at 24-25. Because the accident had not been in conjunction with authorized travel to a meal, the court determined that it occurred while the employee "was on a frolic of his own." Id. at 413, 484 P.2d at 25. In Davis, the employer provided vehicles for its out-of-town workers but instructed them not to use the vehicles on Sundays, when the workers were off, except to travel to and from meals. 14 Ariz. App. at 413, 484 P.2d at 25. One Sunday, an employee used a company truck to go to a meal, returned and parked the truck, then took the truck out later and had an accident. Id. at 412-13, 484 P.2d at 24-25. Because the accident occurred while the employee "was on a frolic of his own," the court decided as a matter of law that the employee was not acting within the scope of his employment for the purpose of applying the doctrine of respondeat superior. Id. at 413-14, 484 P.2d at 25-26. The court, did not address, much less decide, whether respondeat superior would have applied if the employee had the accident during a period of authorized use rather than while on a frolic.