Pfender v. Torres

In Pfender v. Torres, 336 N.J. Super. 379, 765 A.2d 208 (App.Div.), certif. denied, 167 N.J. 637, 772 A.2d 938 (2001) the Court found liability on the part of the employer under the "dual purpose" doctrine. Torres, who was employed by Don Rosen Imports, Inc. (DRI), drove over plaintiff's foot at a gas station. Id. at 383, 765 A.2d 208. At the time of the accident, DRI, a car dealership, provided Torres with a car for business and personal use, but retained ownership of the vehicle. Id. at 393, 765 A.2d 208. At the time of the accident, Torres was driving to work and was not engaged in any work-related activity. Ibid. The salesmen were given the cars as an incentive to work for DRI and as a transportation necessity. Ibid. During work hours, DRI salesmen used these cars as demonstrators for customers and to run work-related errands. Ibid. The salesmen used the cars for personal use at all other times. Ibid. At all times the cars displayed DRI identification, and the company's general sales manager indicated that the dealership derived promotional and advertising benefits when the salesmen drove its vehicles. Ibid. The Pfender court relied upon the exception to the coming and going rule, discussed in Mannes, in which an employer will be vicariously liable for the acts of its employee when it requires its employee to drive his or her vehicle to work so that the vehicle is available for the employee to carry out his or her work-related responsibilities. Id. at 394, 703 A.2d 944. The court stated that "DRI's liability under that well-recognized exception is clear since Torres was driving to work when the accident happened and he was required to use the car in the performance of his employment as a demonstrator to encourage sales and to run work-related errands." Ibid.