Rodgers v. Kemper Constr. Co

In Rodgers v. Kemper Constr. Co. (1975) 50 Cal.App.3d 608, the Court stated: "Under the modern rationale for respondeat superior, the test for determining whether an employer is vicariously liable for the tortious conduct of his employee is closely related to the test applied in workers' compensation cases for determining whether an injury arose out of or in the course of employment. This must necessarily be so because the theoretical basis for placing a loss on the employer in both the tort and workers' compensation fields is the allocation of the economic cost of an injury resulting from a risk incident to the enterprise." (50 Cal.App.3d at p. 619.)