Olmos v. A-Z Bus sales CA4/1
While riding his bicycle, Andres Olmos collided into the door of Brian Hunt's personal vehicle when Hunt opened its door. Olmos sued Hunt and Hunt's employer,
A-Z Bus Sales, Inc. (A-Z Bus), alleging negligence and respondeat superior liability. The court granted summary judgment in A-Z Bus's favor on the ground that the "going and coming" rule barred employer liability for Hunt's tort committed during his commute to work. Olmos argues A-Z Bus did not meet its initial burden of production on summary judgment to show the going and coming rule applies. He further argues triable issues of material fact exist as to the rule's applicability here. Whether the going and coming rule applies in this case cannot be decided as a matter of law; therefore, we reverse the summary judgment.
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