Elardo, Bragg, Appel & Rossi

Going and Coming to Work Rule

Carnes v. Phoenix Newspapers, Inc., 227 Ariz. 32, 251 P.3d 411 (App. Div. 1 2011)

While driving home 15 minutes after her last delivery of the day, Sebastian struck and killed cyclist Carnes. Carnes’ widow filed a wrongful death action against Sebastian and PNI, alleging that PNI was vicariously liable because the accident happened while Sebastian was within the scope of her employment. The Court affirmed summary judgment in favor of PNI based on the “going and coming rule,” barring vicarious liability when an employee is traveling to or from a job site. Although a computerized device used by PNI to communicate with drivers was in the vehicle and despite the fact that it was Sebastian’s personal vehicle, Sebastian was “free to go home or wherever she might choose” at the time of the accident and, thus, was not subject to PNI’s control.