What is the going and coming rule for an employee who is involved in a motor vehicle accident?

California, United States of America


The following excerpt is from Harris v. Oro-Dam Constructors, 269 Cal.App.2d 911, 75 Cal.Rptr. 544 (Cal. App. 1969):

At this point several characteristics of the going and coming rule emerge. First, it is usually invoked when the employee performs services 'at or in a particular plant or upon particular premises * * *.' (Robinson v. George, supra, [269 Cal.App.2d 917] 16 Cal.2d at p. 245, 105 P.2d 914, 917.) Second, it has particular application to vehicle accidents of employees whose jobs do not embrace driving. 3 The present employee, Byers, worked at a fixed location and was not employed to drive.

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