Sunderland v. Lockheed Martin Aeronautical Sys. Support Co., 130 Cal. App. 4th 1 (2005)

While they were waiting in line at the In-N-Out Burger Restaurant in Lancaster, Ali Mazloom, a Lockheed field service representative, rear-ended Kristi Sunderland. In her personal injury action against Mazloom and Lockheed, Sunderland alleged that Mazloom had been acting within the course and scope of his employment when the accident occurred. Sunderland sought to rely upon the “commercial traveler rule” of workers’ compensation law, which provides that an employee acts within the course of his or her employment during the entire period of travel upon the employer’s business. The trial court rejected the application of the broad workers’ compensation rule in this context and granted Lockheed’s motion for summary judgment. The Court of Appeal affirmed, holding that at the time of the accident, “Mazloom’s driving and activity was personal in nature and was not related to his employment or to his employer.”