Feltham v. Universal Protection Service, LPAnnotate this Case
Allied provided security guard services at UCSF medical facilities, hiring security guards and assigning them to particular locations. UCSF was responsible for supervising the security guards. Villegas worked 11:00 p.m.-7:00 a.m., five nights per week. Allied did not require Villegas to use her car for work and did not dictate how she traveled to and from work. She frequently requested extra shifts and often worked six shifts per week. On August 21, Villegas began her fourth straight day of work. When her shift ended the following morning, Villegas’s mother picked Villegas up in Villegas’s vehicle. Villegas dropped her mother off at work, then began driving home. About an hour after finishing her shift, near her home, Villegas fell asleep and drove into oncoming traffic, hitting and severely injuring Feltham, who was riding a motorcycle.
In a negligence action, the court of appeal affirmed summary judgment in favor of Allied. Allied was entitled to judgment as a matter of law because Villegas was not acting within the course and scope of her employment at the time of the accident, and the accident was not a foreseeable consequence of Villegas’s employment.