Wong-Leon (plaintiff—appellant) v. Hawaiian Independent Refinery, Inc.

(—respondent)
76 Hawai’i 433, 879 P.2d 538

Facts:
- Rellamas worked for HIRI and attended a party during which alc was served
- After consuming alcohol, the employees told to leave by a manager
- Rellamas went straight home and on his way hit another car causing harm
- The ME found that alc played a role in the crash
- The company and managers were aware of the parties and one manager stated that the
parties were used to boost morale
Procedural History
- Plaintiff filed suit and defendants filed a motion for summary judgement which was
granted
- Plaintiffs appealed, and the circuit court affirmed
- The plaintiffs appealed again to the Supreme Court of Hawai’i
Issue
- Were the actions of Rellamas negligent and within the scope of his employment
Applicable Legal Standards
- On review from Summary Judgement which is appropriate when there is either no
genuine dispute of facts or if facts construed in light most favorable to non-movement
still a legal basis to grant SJ
Holding
- Rellamas acted negligently and within his scope of employment
Loser’s Arguments
- Defendant—respondents argue that since the injury occurred after working hours and the
driver was not driving for the company at the time they are not liable under R.S.
Reasoning
- Court first examined whether there was negligence on behalf of Rellamas
- In examining this there need be no examination of the employer’s liability only that
employee acted negligently
- The Court held that when Rellamas drank at the party he knew or should have known that
he would have to drive home after and therefore may well have breached his duty of care
- In looking at whether the drinking was within his scope of employment the court asks if
the actions would benefit the enterprise of the employer and whether the employer’s risks
are incident to the enterprise
- The court found that since the party took place on company premises immediately
following work hours and was a promotion party that the record shows was used to
promote good will and morale, it was therefore a custom incidental to enterprise that may
provide some benefit to the company
Disposition: R&R