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 granted to Tatitlek Support Services, Inc. in a wrongful death action after temporary employee Abdul Formoli caused a fatal automobile accident. The plaintiffs argued the "going and coming" rule, which precludes employer vicarious liability, did not apply because of the nature of Mr. Formoli's employment preceding the accident. Due to the remoteness of the job site, they argued that Formoli's employment required him to undertake a lengthy commute home after working long hours over three and a half days. The plaintiffs further argued that under such circumstances, three exceptions to the going-and-coming rule applied: the ordinary commute incidental benefit exception, the compensated travel-time exception and the special risk exception.