Lynn v. Tatitlek Support Services, Inc.

Plaintiffs-appellants Gail Lynn (Mrs. Lynn), individually and as executor of the Estate of Brian Griffin Lynn (Mr. Lynn), and Randy Lynn, (son) appealed the grant of summary judgment entered in favor of defendant-respondent Tatitlek Support Services, Inc. (TSSI) in a wrongful death action. The sole question raised on appeal was whether TSSI’s temporary employee, Abdul Formoli, was acting within the scope of his employment when he caused an automobile accident killing Mr. Lynn and seriously injuring Mrs. Lynn. Plaintiffs argued the “going and coming” rule, precluding employer vicarious liability, did not apply because of the nature of Formoli’s employment preceding the accident. Because of the remoteness of the jobsite, Formoli’s employment required him to undertake a lengthy commute home, after working long hours, over three and a half days. Plaintiffs argued that under such circumstances there was a triable issue of material fact as to whether an exception to the “going and coming” rule applied. After review, the Court of Appeal concluded plaintiffs failed to present evidence supporting exceptions to the going and coming rule. Therefore, the Court affirmed the trial court's judgment. View "Lynn v. Tatitlek Support Services, Inc." on Justia Law