CHILDERS v. SHASTA LIVESTOCK AUCTION YARD, INC.

Docket No. C000474.

190 Cal.App.3d 792 (1987)

235 Cal. Rptr. 641

MIKE CHILDERS, Plaintiff, Cross-defendant and Appellant, v. SHASTA LIVESTOCK AUCTION YARD, INC., Defendant, Cross-complainant and Respondent.

Court of Appeals of California, Third District.

March 25, 1987.


Attorney(s) appearing for the Case

COUNSEL

T. James Fisher and Fisher & Wyatt for Plaintiff, Cross-defendant and Appellant.

Matthew J. McAlerney and Weintraub, Genshlea, Hardy, Erich & Brown for Defendant, Cross-complainant and Respondent.


OPINION

SIMS, J.

In this case, we consider whether an employee can sue his employer in tort on a theory of respondeat superior for injuries caused by another employee's consumption of alcoholic beverages in the scope of her employment. We conclude that where an employee consumes alcohol in the scope of his or her employment, the employer is liable for injuries proximately caused to members of the public by the consumption of alcohol...

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