Lynn v. Tatitlek Support Servs., Inc., 2017 WL 696008 (Cal. Ct. App. 2017)

The Lynns sued TSSI in this wrongful death action arising from an automobile accident involving TSSI’s temporary employee, Abdul Formoli. The Lynns contend that the “going and coming” rule, precluding employer vicarious liability, does not apply based upon the nature of Formoli’s employment – namely, that the remoteness of the job site required Formoli to undertake a lengthy commute home after working long hours. The trial court granted summary judgment in favor of TSSI based on the “going and coming rule.”  The Court of Appeal affirmed, holding that none of the exceptions to the rule (incidental benefit, compensation for travel time or the special risk doctrine) applied.