Employee on Temporary Assignment Not in Course and Scope of Employment When Leaving Work

The Ninth Circuit Court of Appeals determined that a civilian worker, who was on temporary assignment in Hawaii, was not within the scope of his employment when he was involved in an automobile accident while he was leaving the base on which he was working. [Clamor v. United States of America, 240 F.3d 1215 (9th Cir. 2001)].

James Karagiorgis, a civilian employee of the United States Navy in Washington, D.C., was temporarily assigned to the USS Los Angeles, which was moored at the Pearl Harbor Base in Hawaii. Karagiorgis arranged commercial lodging and rented a car, the cost of which was reimbursed by the Navy. After completing work one day, Karagiorgis left the ship and, as he was driving to the exit of the base, rear-ended a car driven by Plaintiff, Erlinda Clamor. In a personal injury lawsuit filed by Plaintiff, the federal district court determined that Karagiorgis was in the scope of employment and, because Plaintiff had not exhausted her administrative remedies under the Federal Tort Claims Act, the district court dismissed Plaintiff’s action. Plaintiff appealed.

On appeal, the Ninth Circuit Court of Appeals determined that Karagiorgis was not acting within the scope of his employment for the following reasons:

  • Because he was off duty at the time of the accident and was leaving the base, Karagiorgis was not engaged in conduct “of the kind he was employed to perform” or in conduct that was “actuated by a purpose to serve the master.”
  • Hawaii courts had not extended the respondeat superior doctrine to hold an employer liable for every act (both during and after working hours) of an employee who is temporarily relocated.
  • Karagiorgis was not on call around the clock.
  • Karagiorgis was not engaged in any errand for his employer, but was leaving to do whatever he wished.
  • The United States derived no benefit from Karagiorgis’ activities once he stopped working on the USS Los Angeles and left for the day.
  • Because Karagiorgis was not acting within the scope of his employment, the Court of Appeals found that the Federal Tort Claims Act did not apply. Thus, the district court should not have dismissed Plaintiff’s action.