Pierson v. Helmerich & Payne Int’l Drilling Co., 4 Cal. App. 5th 608 (2016)

Luis Mooney (an employee of Helmerich & Payne International Drilling (“H&P”)) was involved in a traffic accident while returning home from work; Mooney was driving two other employees to a hotel where they were staying during the job. Brent Dale Pierson (the other driver) alleged that Mooney was acting in the course and scope of his employment with H&P at the time of the accident and sought to hold H&P liable for his injuries. The parties filed cross motions to establish whether Mooney was acting within the course and scope of his employment at the time of the accident. The trial court granted H&P’s motion for summary judgment, concluding as a matter of law that the going and coming rule applied and, therefore, Mooney’s operation of his vehicle at the time of the accident was not within the scope of his employment. The Court of Appeal affirmed, holding that the going and coming rule applied and that none of the exceptions (vehicle use, required vehicle, incidental benefit, special errand, etc.) applied. See also Khosh v. Staples Constr. Co., 4 Cal. App. 5th 712 (2016) (employee of an independent contractor could not recover tort damages for work-related injuries from the contractor’s hirer).