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4305 REVIEW DENIED A winery did not owe a duty of preventing an employee from using for the transport of grapes for his own purposes, without permission, a bin belonging to the winery that was never used for transporting grapes, nor did the winery have a duty to instruct the employee in the safe use of the bin for that improper purpose; the unauthorized use of the bin for that improper purpose was not within the employee's scope of employment and so the winery was not vicariously liable for his negligence in so using it.CitationBAPTIST v ROBINSON (Winemaking) 143 CA4 151 [See: Rowland v Christian 69 C2 108; Farmers v County 11 C4 992, T/AT 1/96]
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