News & Analysis as of

Going and Coming Rule

“Business Errand” Exception to the “Going and Coming Rule” Generally Presents Question of Fact Making Summary Judgment Rare

In Sumrall v. Modern Alloys, Inc., 2017 WL 1365089 (April 13, 2017), the Fourth Appellate District was presented with another circumstance where the “business errand” exception to the going and coming rule was at issue....more

The California Edition of the Employment & Labor Newsletter - April 2017

by Wilson Elser on

Exceptions to California’s “Going and Coming” Rule - In Lynn v. Tatitlek Support Services, Inc., E063585, Super.Ct.No. CIVBS1200525, 2/22/17, the plaintiffs appealed a summary judgment at the California Court of Appeal...more

“Going and Coming Rule”: Employer Not Liable For Accident Caused By Employee On Commute Home Where Employee Had Option To Take Bus...

In Gail M. Lynn, et al. v. Tatitlek Support Services, Inc., et al., 2017 WL 696008, published February 24, 2017, the California Court of Appeal, Fourth District, affirmed the trial court’s granting of summary judgment in...more

“Going and Coming” Rule Applied for Commute from Paid Hotel to Jobsite

Woodland Hills Personal Injury Attorney Barry P. Goldberg is always looking for sources of additional recovery in all serious motor vehicle accident cases because most negligent drivers simply do not carry enough liability...more

California Court Expands Going and Coming Rule

by Hinshaw & Culbertson LLP on

Craig Schultz was a drafter for a civilian company that had several buildings located on a large U.S. Air Force base. He drove his personal vehicle onto the base, and was permitted to travel around the base and use military...more

Workers' Comp. Alert: Going And Coming Rule Again Narrowed

The California Court of Appeal addressed the scope of the Going And Coming Rule in its decision, Craig Schultz v. WCAB and Joint Test Tactics and Training (JT3), 2015 S.O.S. 99, January 6, 2015....more

Recent Workers' Compensation Cases Focus on "Going and Coming" Rule

by McNees Wallace & Nurick LLC on

As a general rule, an employee is deemed not to be "in the course and scope of employment" and is therefore not entitled to workers' compensation benefits, while commuting to and from work. This is known as the "going and...more

Torts – Vicarious Employer Liability – Going and Coming Rule

by Low, Ball & Lynch on

Torts – Vicarious Employer Liability – Going and Coming Rule - Court Of Appeal, Fourth Appellate District (September 10, 2014) - Under the theory of respondeat superior, employers are vicariously liable for...more

Employment Law Commentary -- Volume 26, Issue 1 -- January 2014: Can Employers Be Liable for Employees’ Car Accidents During...

by Morrison & Foerster LLP on

It is rare these days for a California appellate court to weigh in on whether an employer is vicariously liable for accidents involving an employee that occur during the employee’s commute to and from work. The law was...more

Yoga and Yogurt: All in a Day’s Work

by Baker Donelson on

Question: Is an employer liable for the damage caused by its employee when that employee is involved in an automobile accident outside of work hours and on a personal errand? Answer: As with most things, it...more

Who Pays When Employees Crash Their Cars After Hours? It Could Be You….

One would think that, under the “going and coming” rule, employers could never be liable for torts committed by their employees during the employees’ commutes. Think again. If employers require employees to use their cars or...more

Weekly Law Resume - October 2013: Torts–Vicarious Liability–Special Errand Exception to “Going and Coming” Rule

by Low, Ball & Lynch on

Nadja Rayii v. Melvin Ovidio Gatica, et al. - Court of Appeal, Second Appellate District, Division Three (July 24, 2013) - The “going and coming” rule generally exempts employers from liability for wrongful acts...more

Employer Held Not Vicariously Liable For Employee’s Alleged Negligent Use Of Company Car

Halliburton Energy Services, Inc. provided Troy Martinez with a company vehicle to use in the execution of his duties. After completing a day’s work, Martinez drove to Bakersfield with his family to purchase a car for his...more

13 Results
|
View per page
Page: of 1
Cybersecurity

"My best business intelligence,
in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
Sign up using*

Already signed up? Log in here

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.
Feedback? Tell us what you think of the new jdsupra.com!