Mo, loading dock manager at Gidgits Galore, sent Beau to a neighboring town about ten miles away with a rush delivery in the Gidgits Galore van. Beau was still feeling hungry, even though he had already taken his paid lunch break. He decided to take a detour to Wanda's Drive Thru for another triple burger, and then drop off a burger for his sister Lola. To get to Lola's, he veered off the main route that he should have been on for the delivery. After staying for coffee and donuts with his sister, he received a text from Mo asking where he was. Beau hurried to make the delivery, but as he was backing out of his sister's driveway, he hit another vehicle. Gidgits Galore is liable under negligence.
An employer is generally responsible for an employee’s negligence only when the employee is acting within the scope of employment. Beau made a substantial personal detour to get extra food and visit his sister, and the collision happened while he was leaving her driveway—not while carrying out the delivery. This is a personal “frolic,” so Gidgits Galore is not liable on these facts.
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