Harris v. Oro-Dam Constructors

In this wrongful death action the jury returned a verdict against Byers, the defendant automobile driver. Plaintiffs appeal, because the jury exonerated OroDam Constructors, his employer. At the time of the collision Byers had completed his daily work shift and was driving his own automobile on a direct homeward journey, Although the “going and coming rule” ordinarily insulates the employer from liability for the negligent driving of an employee enroute to or from work, plaintiffs contend that the employer’s payment of Byers’ travel expenses excludes the going and coming rule as a matter of…