Jury Instructions-Scope of Employment example for Car Accident Case

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The evidence discloses that the employer furnished the employee with a [truck/car] which [he/she] was to use in the course of [his/her] employment to go to and from [his/her] work and wherever [his/her] work required [him/her] to go. When an employer furnishes a means of transportation to [his/her] employee, the employee has the right, under the law, to use that means of transportation to travel to and from [his/her] work, and, if the employer agrees, [he/she]may also use it for [his/her] personal purposes, unconnected with [his/her] work. The problem in these cases arises when the employee, while enroute to or from work, departs from the route [he/she] would normally follow and goes somewhere else to accomplish some purpose of [his/her] own. In such a case, and this is such a case, the question is one of degree. If you believe from the evidence, that the employee merely deviated from the usual route to accomplish some purpose of [his/her] own while on [his/her] way to or from work then [he/she] is not to be charged with a dereliction of duty nor denied the right to recover for injury resulting from an accident occurring during the deviation from the customary route. If, on the other hand, you believe from the evidence that the deviation was of so great a degree that the trip was primarily for the purpose of accomplishing the employee's personal ends, and only incidentally connected with [his/her] employment, then you will find that the accident did not arise out of and in the course of [his/her] employment.

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