Can an employer be liable for an employee's injuries?

Lobo v. Tamco (2010) 182 Cal.App.4th 297 (Lobo I) explained: "Under the theory of respondeat superior, employers are vicariously liable for tortious acts committed by employees during the course and scope of their employment. [Citation.] However, under the 'going and coming' rule, employers are generally exempt from liability for tortious acts committed by employees while on their way to and from work because employees are said to be outside of the course and scope of employment during their daily commute. (Huntsinger[, supra, 22 Cal.App.3d at p. 807].) [] 'A well-known exception to the going-and-coming rule arises where the use of the car gives some incidental benefit to the employer. Thus, the key inquiry is whether there is an incidental benefit derived by the employer. . . .' This exception to the going and coming rule, carved out by this

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