After Def.’s employee and several other employees scoured the children’s playground area of McDonald’s, working without pay in a type of voluntary contribution of work/time for advancement opportunities, him and four workers went to an employee’s house to socialize, after which he, in the early morning, drove towards his home and collided with a motorcycle.
Was it properly concluded as a matter of law that Def.’s employee’s activity in attending the gathering constitute a complete departure from a special errand from for Def. (a frolic of his own rather than mere deviation (detour)).
Deviation = question of fact.
-The master is only liable where the servant is acting in the course of his employment> if he was going out of his way, against his master’s implied commands, when driving on his master’s business, he will make his master liable; but if hew as going on a frolic of his own, without being at all on his master’s business, the master will not be liable.
[Factors to be weighed in determining whether an employee has completely abandoned pursuit of a business errand for pursuit of a personal objective]
1. His Intent
-Employee was in training to become a manager | was expected to show initiative in his work for promotion.
4. Employer’s reasonable expectations.
-Def. implicitly encouraged employee to continue his special errand by conferring with fellow employees on
what they might do to win competition.
5. His freedom in performing duties.
-Employee had considerable latitude in performing his duties. Voluntary work.
6. Amount of time consumed in personal activity
-Much of discussion about McDonald’s and employment therein.
“Where the employee may be deemed to be pursuing a business errand and a personal objective simultaneously, he will still be acting within the scope of his employment.”
-Court should have denied Def.’s motion for summary judgment.
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