Bussard v. Minimed, Inc., 105 Cal. App. 4th 798 (2003)

Barbara Bussard was injured when Irma Hernandez, a Minimed clerical employee, rear-ended Bussard, who was stopped at a red light. Hernandez was on her way home after she became ill at work the day after Minimed had fumigated its premises in order to eliminate a flea infestation. Bussard sued Minimed on the grounds that Hernandez had been acting within the course and scope of her employment during her commute home. Minimed defended based on the “going-and-coming” rule, which ordinarily exempts an employer from liability incurred during an employee’s daily commute. The Court of Appeal reversed the summary judgment that had been granted in favor of Minimed, holding that Hernandez’s job had contributed to the accident, thus eliminating the “going-and-coming” defense.