A summary judgment for defendant employers was reversed in this case in which the plaintiff was injured when the company pickup in which he was a passenger had a single vehicle rollover accident. Even though the accident occurred when the employee driver was returning from a family gathering after work, a jury could conclude that the going and coming rule did not preclude respondeat superior liability since there was evidence that the employer required the employee to be available at all times for emergency repairs and maintenance and that the employer also required the employee to drive the company pickup at all times since it contained needed repair tools.
California Court of Appeal, Fifth District (Franson, J.); December 20, 2018; 30 Cal. App. 5th 568