Author: Kevin Driscoll

Just a blog of random thoughts. Some will be about street photography; some about DMR radio; some about weight training; we can chat about cigars, motorcycles and tools. Since everyone has an opinion, maybe I'll throw in the dreaded political thoughts.

Ok – So Maybe I Was A Little Too Goal Aggressive – Day1

After sleeping on it, 50 pounds by New Years Day 2014 is probably way too optimistic but if you shoot for the stars you might land on the moon, right.  I mean, really, I’ve been saying I wanted to do this, get back down to 225, for over 10 years now.  I’m convinced, it’s all about the diet.  Soda has been more or less out of my life for a while now.  I guess, pizza and ice cream are next.  Already took a 2 mile walk, in the rain, with The Bruno but no other exercise planned for today.  Breaking out my Paleo books for a refresher.

California Rules Going to Yoga Class is Incidental Benefit to An Employer

How absurd!!!  In brief, employee uses personal car to make sales calls.  Earlier in the day she had transported some co-workers to a seminar.  She returned those co-workers to the main office and went home.  On her way home she decided to stop for some frozen yogurt and go to a yoga class.  While turning into the parking lot of the yogurt shop she hit a motorcyclist.

The original court granted the employer’s motion for summary judgment as the employee was clearly not in the course and scope of employment.  The court felt the coming and going rule did not apply because of the “required vehicle exception” – that is, this particular employee was mandated to use her own car. 

How it is a group of supposibly intelligent, law school educated individuals could find that buying frozen yogurt on the way to a yoga class is even remotely close to giving the employer an incidental benefit absolutely confounds me!!!

See Moradi v. Marsh USA (09/13/2013)