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Why to Never Leave a Conference Early
An executive at a major media company got into a serious auto accident on his way home from an industry conference. Is this a special-errand exception to the coming-and-going rule?
The vice president of anti-piracy Internet operations at Warner Bros. Entertainment attended a three-day, out-of-town business conference sponsored by one of Warner Bros.' anti-piracy vendors. Warner Bros. approved the trip and paid for his airfare, hotel and airport parking.
Warner Bros. contended it was not responsible for the employee's actions under the coming and going rule, as the employee was not in the course and scope of his employment when the accident happened.
The pedestrians' families asserted the special-errand exception applied to make the trip work related. Under the special-errand exception, when the employer sends an employee on a special mission that benefits the employer, the trip is work related until the mission ends. The trial court disagreed with the families and dismissed the lawsuit. The families appealed.
Did the employee's drive home fall under the special-errand exception?
A. No. He was on his way home from the trip, driving his regular commute, and was no longer engaged in business for the employer's benefit at the time of the accident.
B. Yes. He left the conference early, and his drive past his office placed him in the area to be considered in the course and scope of his employment.
C. Yes. Even though the employee was on his way home, the special-errand exception applies to the entire business trip.
How the court ruled: C.
The California Court of Appeal held that the employee's attendance at the out-of-town conference and subsequent drive home fell into the special-errand exception to the coming-and-going rule. Jeewarat, et al., v. Warner Bros. Entertainment, Inc., No. B212323 (Cal. Ct. App. 09/03/09).
The court pointed out that a special errand may include commercial travel such as a business trip. Evidence that the employer paid for the employee's airfare, hotel accommodations and airport parking suggests that the employer expected to derive a benefit from the employee's attendance at the conference.
The fact that one of Warner Bros.' vendors led the conference suggested the employee would use the information he learned at the conference in business activities at Warner Bros.
The court stated a special errand is not concluded simply by driving along a regular commute route. The special errand ends if the employee returns home or deviates for personal reasons. Thus, the employee's business trip did not end when he drove past his office and followed his regular commute route.
A is incorrect. The special errand exception continues for the whole trip.
B is incorrect. The employer's liability is not based on whether the employee coincidentally chooses a route that passes the workplace.
JULIA FARKAS, ESQ., is the legal editor of the WORKERSCOMP ForumTM This feature is not intended as instructional material or to replace legal advice. Read more at the WORKERSCOMP ForumTM homepage.
November 5, 2009 Copyright 2009© LRP Publications |
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