News & Analysis as of

Car Accident Going and Coming Rule

Haight Brown & Bonesteel LLP

Should an Employer be Held Vicariously Liable for a Motor Vehicle Accident Its Employee Caused on Her Way Home After Working the...

A California Court of Appeals affirmed an employer’s Motion for Summary Judgment on that question, finding that the employer was not vicariously liable in a recent opinion. The case involves Clanisha Villegas, who worked for...more

Cranfill Sumner LLP

Exceptions When Traveling To And From Work

Cranfill Sumner LLP on

Analyzing the Coming and Going Rule and Its Exceptions - In Wright v. Alltech Wiring & Controls, the Court of Appeals reviewed the Contractual Duty exception to the Coming and Going Rule. The employee had duties which...more

Best Best & Krieger LLP

When Is An Employer Responsible For Accidents On Employees’ Commutes? - California Court Of Appeal Reverses $14 million Judgment...

An employer is liable for an accident on an employee’s commute to and from work only if the vehicle was required for work on the day of the employee’s accident, a California appellate court has ruled. ...more

Haight Brown & Bonesteel LLP

County of Los Angeles not Vicariously Liable for its Employee’s Negligence Under the Required Vehicle Exception to the Going and...

The Case and Factors Considered - In Newland v. County of Los Angeles (2018) 2018 WL 3017203, ____ Cal.Rptr. ____ (appeal from a judgment and order of the Superior Court of Los Angeles County), a deputy public defender was...more

Haight Brown & Bonesteel LLP

California Court Declines to Accept Broad Exception To Going & Coming Rule

In Morales-Simental v. Genentech, Inc. (A145865, filed 9/22/17, publication order 10/19/17), the California Court of Appeal, First Appellate District rejected the plaintiffs’ broad interpretation of the “special errand”...more

Haight Brown & Bonesteel LLP

“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

Haight Brown & Bonesteel LLP

“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

McNees Wallace & Nurick LLC

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

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

Morrison & Foerster LLP

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

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

Baker Donelson

Yoga and Yogurt: All in a Day’s Work

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 depends. ...more

Orrick - Employment Law and Litigation

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

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