The Fourth Appellate District reversed a judgment. The court held that it could be found that a subcontractor’s employee acted within the scope of his employment when he complied with another subcontractor’s request to move his personal vehicle out of the way of a cement truck.
Augustus Vogt worked for the concrete subcontractor on a large construction project. Herron Construction, Inc. was the framing contractor for the project. Herron employee Jesus Cruz had parked his personal pickup truck close to where Vogt’s employer was about to start pouring cement. Because Cruz’s truck was in the way, Vogt asked him to move it. According to Vogt’s later testimony, he made this request for several reasons. First, Cruz’s truck was blocking the cement truck. Second, Vogt was concerned about liability — “[W]e don’t want the liability of splashing the paint.” Third, he asked “as a courtesy” to Cruz.
