Recently, an appellate court issued an opinion in a car accident case that raised an interesting issue that frequently comes up in Florida car accident cases. The case involved an accident between an employee who was on his way home from work and the plaintiff. The plaintiff attempted to hold the employee’s employer liable for his injuries under the theory of vicarious liability. However, the court rejected the plaintiff’s claim based on the “coming-and-going” rule.
The Facts of the Case
The plaintiff was walking along the sidewalk when he was struck by a vehicle that had just been hit by another car that was being driven by a county public defender (the “employee”). The employee was on his way home from work at the time of the accident.
The employee worked for the county, which did not officially require that the employee have his own car. However, the employee’s job required that he go to numerous courthouses, visit clients in prison, and go to crime scenes in various cities. Thus, essentially, the job would not be possible without a car.