Jorge v. Culinary Inst. of Am.Annotate this Case
Jorge sustained injuries when he was struck by a car driven by Da Fonseca, a chef instructor employed by the Culinary Institute. Despite that Da Fonseca had finished his shift at the Culinary Institute and was driving home in his own car at the time of the accident, a jury found the Institute liable for Jorge’s injuries on a theory of respondeat superior. The Culinary Institute unsuccessfully moved for judgment notwithstanding the verdict on the ground there was no evidence supporting the jury’s finding that Da Fonseca was acting in the scope of his employment at the time of the accident and that there was no evidence supporting application of the “required vehicle” exception to the “going and coming” rule. The court of appeal reversed, holding that Culinary Institute cannot be liable to Jorge for injuries caused by Da Fonseca’s negligence because there was no evidence that at the time of the accident Da Fonseca was acting within the scope of his employment. Da Fonseca was a professional chef-instructor who did not take work home with him.