Employer not liable for accident partially remote employee caused during commute

Employers are liable for legal wrongs employees commit within the scope of employment under respondeat superior. The going and coming rule generally suspends the employment relationship while an employee commutes to and from work, because commuting is not rendering service to the employer. Limited exceptions can create employer liability when the employer receives a specific benefit from the commuting trip. A California court of appeal applied the going and coming rule to an employee who worked partially from home. The case involved a bicycle accident allegedly caused by a doctor driving to a medical center while on a personal errand, with allegations that the doctor might have been using an employer-issued phone to communicate with coworkers. The court considered whether the employer could negate liability and whether any exception applied.

"In Chang v. Southern California Permanente Medical Group , decided last month, a Los Angeles-based court of appeal panel applied the going and coming rule in the context of an employee working partially from home. Background On Monday morning, Sept. 12, 2022, Kai-Lin Chang, while riding his bicycle, suffered injuries when he was allegedly hit by Southern California Permanente Medical Group (SCPMG) employee Brittany Doremus when Doremus, a doctor employed by SCPMG, allegedly made a sudden left turn into Chang's path."

Read at San Diego Union-Tribune