Earlier this month, an appellate court issued a written opinion in a California car accident case involving the allegedly negligent acts of an employee and whether his employer could be held liable for the wrongful death of the plaintiffs’ loved one. After discussing the doctrine of respondeat superior and applying it to the facts of the case, the court ultimately determined that the employer could not legally be responsible for the employee’s actions. Specifically, the court noted that the “going and coming” rule precluded liability because the employee was traveling to work when the accident occurred.
The plaintiffs were the surviving family members of a woman who was killed when the vehicle in which she was riding was struck by another driver while crossing the San Mateo Bridge. The other driver was employed by the defendant.
On the day of the accident, at around 3:30 a.m., the employee was driving to work in San Francisco when he struck the vehicle carrying the plaintiffs’ loved one. The employee worked the night shift, which began at 7 p.m., and it was undisputed that this trip to work was not for the employee’s regular shift.