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Vogt v Herron Construction, Inc. 200 Cal.App.4th 643 (4/2) (2011) Vogt, employee of subcontractor #1, injured by Cruz, employee of subcontractor #2, Herron, at construction worksite. San-Diego-Auto-Accident-lawyer.com Vogt asked Cruz to move his personal truck to accommodate #1’s work, and Cruz ran over Vogt. Common practice for workers to park their vehicles and to move them during the workday to accommodate other vehicles or the work. Herron’s MSJ, for no respondeat superior, granted, reversed. [1] By moving his truck, Cruz furthered the overall construction work and the risk was inherent to the enterprise. Further, even if the reason Cruz moved the truck was to prevent damage to his truck, moving it was for his comfort, convenience, and welfare while on the job. Either is sufficient to find Cruz in the course and scope of employment. San Diego personal injury attorney