Is there a "going and coming" exception to the going and coming rule?

California, United States of America


The following excerpt is from Childers v. Shasta Livestock Auction Yard, Inc., 190 Cal.App.3d 792, 235 Cal.Rptr. 641 (Cal. App. 1987):

An example of the "special errand" exception to the "going and coming" rule is found in Boynton v. McKales (1956) 139 Cal.App.2d 777, 294 P.2d 733. There, an employer was held liable when an intoxicated employee who had attended a company banquet off the employer's premises ran into plaintiff while driving home. The court concluded that since the banquet was intended to benefit the employer and the employee's attendance was expected, the employee's travel fell with the "special errand" exception. (Id., at p. 789, 294 P.2d 733.)

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