How have courts dealt with cases where an employee of a construction company was injured on his way home from a company banquet?

A judgment of nonsuit in favor of the employer was reversed where an employee who was hired to work in Yuma, Arizona, as a cement finisher, struck a bicyclist on his way back to his home in Pasadena, California. On occasion the negligent employee had brought equipment to the jobsite in Yuma in his truck at the employer's request; however, at the time of the accident he was not transporting any supplies for his employer. He was, however, transporting a fellow employee whom he had hired at the employer's request. Apparently it had been difficult to obtain cement finishers in Yuma, Arizona, and the employer had requested that he solicit people in Pasadena to come to work in Yuma. Also the employer had furnished gas to the employee for the trip home. Under these circumstances the court held that it was a jury question as to whether or not the trip incidentally or indirectly benefitted the employer so that liability would attach to the employer under the "special errand" exception. (Harvey v. D & L Construction Company (1967) 251 Cal.App.2d 48, 52, 59 Cal.Rptr. 255.)

A jury verdict in favor of two employees of a general contractor was sustained as against a subcontractor based upon an assault committed by the employees of the subcontractor on two employees of the general contractor. The assault occurred at a construction site approximately four hours after the subcontractor's employees had terminated their shift. Apparently the employees of the subcontractor had remained at the jobsite, and drank beer while they worked on the personal pickup of one of the employees. The employee of the general contractor was assaulted when he refused to give a ride on a bulldozer to one of the employees of the subcontractor. (Rodgers v. Kemper Constr. Co. (1975) 50 Cal.App.3d 608, 124 Cal.Rptr. 143.)

In Boynton v. McKales (1956) 139 Cal.App.2d 777, 294 P.2d 733, an order granting a new trial to the employer was reversed in a case where a verdict was rendered in favor of a third party injured by the employer's intoxicated employee who was on his way home from a company banquet.

In Richards v. Metropolitan Life Insurance Company (1941) 19 Cal.2d 236, 120 P.2d 650, a judgment of nonsuit in favor of an employer was reversed where a negligent insurance salesman, on his way to work, injured a third party. The evidence reflected that there were days when the insurance salesman would call on customers, sell policies, collect premiums, deliver policies, etc. before proceeding to work.