Miller v. Stouffer

Opinion

KLEIN, P. J.

Defendant and appellant Cecilia P. Stouffer (Stouffer) appeals a judgment and an order denying her motion for judgment notwithstanding the verdict (JNOV) following a jury verdict in a personal injury case in favor of plaintiff and respondent Esther Miller (Miller). (Code Civ. Proc., § 904.1, subds. (a), (d).)

The issues presented include (1) whether Stouffer’s housekeeper, Maria Barrientos (Barrientos), was acting within the scope of her employment in driving Stouffer’s automobile so as to make Stouffer liable for Miller’s injuries under the doctrine of respondeat superior;…