Does the going and coming rule apply to an employee who is injured in a motor vehicle accident?
California, United States of America
The following excerpt is from O'Connor v. McDonald's Restaurants, 220 Cal.App.3d 25, 269 Cal.Rptr. 101 (Cal. App. 1990):
4 Even where the special errand exception to the going and coming rule "is found to be applicable, the employee may yet be found outside the scope of his employment if at the time of the accident he has completely abandoned his employer's business for personal reasons. [Citations.]" (Felix v. Asai, supra, 192 Cal.App.3d at p. 932, 237 Cal.Rptr. 718.)
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