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Out of Town Employee Traveling To/From a Restaurant Is Within Course and Scope of Employment

The Arizona Court of Appeals has rendered a decision holding that an employee on an out of town work assignment is acting within the course and scope of his/her employment while going to and from a restaurant for a regular meal for purposes of respondeat superior liability.   McCloud v. Kimbro, 2 CA-CV 2009-0116 (March 23, 2010).  The Court’s rationale – but for the out of town work assignment, the employee would not be required to eat away from home.

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