OUT OF TOWN EMPLOYEE TRAVELING TO/FROM A RESTAURANT IS WITHIN COURSE AND SCOPE OF EMPLOYMENT

By Kent Berk on August 25th, 2010 in BLOG

The Arizona Court of Appeals has rendered a decision holding that an employee on an out of town work assignment is acting within the course and scope of his/her employment while going to and from a restaurant for a regular meal for purposes of respondeat superior liability. McCloud v. Kimbro, 2 CA-CV 2009-0116 (March 23, 2010). The Court’s rationale – but for the out of town work assignment, the employee would not be required to eat away from home.