Screen Shot 2017-01-04 at 6.57.05 PM.pngThe California Court of Appeals recently affirmed the longstanding “going and coming rule” in announcing that an employer was not responsible for the injuries suffered by employees who were injured in a wreck while carpooling to a jobsite. In Pierson v. Helmerich & Payne International Drilling Co., the plaintiff Pierson was struck by a vehicle being driven by an employee of Helmerich & Payne (H&P). The employee was also transporting two coworkers from their worksite to a nearby hotel. The hotel was being paid for by H&P, and though a supervisor had requested the employees carpool, H&P made it clear that each individual employee was responsible for securing his or her own transportation to and from the jobsite.

Plaintiff Seeks to Join the At-Fault Driver’s Employer

After filing suit against the at-fault driver personally, the plaintiff Pierson moved to join H&P as a defendant, alleging that the at-fault driver was an employee of the H&P at the time the crash occurred and that H&P received an incidental benefit from having the employees carpool together back to the hotel. (Naming the at-fault party’s employer as a defendant in a personal injury case is a common strategy, as the employer is likely to have the resources a personal injury plaintiff needs in order to fully recover his or her losses.)

Generally speaking, an employer is responsible for the tortious conduct of its employees when the employees are engaged in their work duties or engaged in some activity that provides an incidental benefit to the employer (such as an employer who allows an employee to take a company vehicle home where the employee has a sales call to go to while on the way home). Noting, however, the well-established “going and coming rule” – which holds that an employer is not responsible for an employee’s action when that employee is going to work or coming from work – the court sustained a motion to dismiss Pierson’s claim against H&P.

What This Means for California Personal Injury Victims

This decision means that California courts are likely to remain true to established legal principles concerning employers’ liability for the acts of their employees: that is, unless the employee is engaged in his or her job duties when the personal injury accident occurs, the employer will not be held responsible for the employee’s actions.

It is important to have the facts of your personal injury case carefully evaluated by the California personal injury law firm of Case Barnett Law. Determining whether a person’s employer can also be held responsible for your injuries and losses is a fact-intensive inquiry, and Case Barnett Law has the knowledge and resources to carry this important investigative task efficiently so you have the greatest chance of recovering full and fair compensation. Contact Case Barnett Law at (949) 861-2990, or contact us online, if you or a loved one have been injured by the careless acts of another.

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