Taylor Anderson LLP attorneys Paul A. Buckley, Mallory E. Lorber, and Luis F. Calvo, from the firm’s San Diego office, obtained summary judgment in favor of a large statewide non-profit whose employee had been sued for negligence arising out of a motor vehicle collision in San Bernardino Superior Court.
Plaintiff alleged that the employee was acting within the “course and scope of employment” at the time of the accident and sought to hold the non-profit vicariously liable. Plaintiff argued that the organization required the employee to use a personal vehicle for work duties, as an exception to the “going and coming” rule that generally bars employer liability for accidents occurring during an employee’s commute.
Taylor Anderson successfully argued that the employee’s job duties did not require the use of a vehicle, that no incidental benefit to the employer existed, and that plaintiff failed to offer evidence disputing the material facts. The Court agreed, granted summary judgment for the non-profit, overruled all of plaintiff’s evidentiary objections, and held that the undisputed facts established no basis for employer liability. As a result, the court dismissed all claims against the non-profit.
The court’s ruling reinforces the principle that the “going and coming” rule applies when employees commute in their personal vehicles for their own convenience, and that those commutes are no more tied to the employer’s business than those of any other employee in any workplace.
This result highlights Taylor Anderson’s dedication to protecting clients and securing successful outcomes in high-exposure matters.
