Savaikie v. Kaiser Foundation HospitalsAnnotate this Case
The Court of Appeal affirmed the trial court's judgment in favor of Kaiser in an action brought by plaintiffs, alleging that Kaiser was vicariously liable for a driver who hit and killed plaintiffs' son. The driver drove to an assisted living facility in his own vehicle and provided pet therapy to a Kaiser patient.
The court held that the facts do not support a reasonable inference that Kaiser expressly or implied required the driver to use his own vehicle as a condition of his volunteer work. In this case, the evidence shows that Kaiser permitted pet therapy volunteers to select the means of transportation for themselves and their animals, assigned the therapists to provide therapy at a variety of locations, checked the liability insurance of all Kaiser volunteers who either provided a driver's license or used their own vehicles, had at one time offered to reimburse the driver for his mileage, and had an "arrangement" with the driver that he would use his own vehicle. The court also held that the driver's use of his personal vehicle did not provide an incidental benefit to Kaiser; the driver did not use a special mode of transportation; and the coming and going rule applies to the driver's drive.