Le Elder v. Rice

In Le Elder v. Rice (1994) 21 Cal.App.4th 1604, the employee, a service manager for McDonnell Douglas, had an accident after driving his children to school. The employer required him to drive his car on the job at least 5,000 business miles annually and to be on call 24 hours a day, 7 days a week. He scheduled his own working hours, locations and the employer reimbursed him for mileage and maintenance costs for his car. He had intended to return home after the accident to make a business call. The Court of Appeal concluded that the employee at the time of the accident was not within the scope of employment. It stated the purpose of the "injury-producing activity," driving the children to school, was a "personal activity." (Le Elder v. Rice, supra, 21 Cal.App.4th at pp. 1605-1608.) It stated, "'. . . his intention to make a business call from his home rather than his office was for his own benefit . . . .'" (Ibid.)