Childers v. Shasta Livestock Auction Yard, Inc.

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. Neither Civil Code section 1714 nor Business and Professions Code section 25602 immunizes the employer from respondeat superior liability. However, we also…