Messenger v. Sage Drilling Co.

Meyer, J.:

Respondent Sage Drilling Company and its insurance carrier Hartford Accident and Indemnity (appellants) appeal from the district court’s finding that the death of Sage’s employee, Gary Messenger, in a truck accident while on the way home from a distant drill site arose out of and within the scope of his employment.

Appellants raise only the scope of employment issue. Appellants do not address the issue of the crew’s deviation while en route home. Instead, their brief focuses on the Kansas statutory “going and coming” rule, which states:

“The words ‘arising out of and in the course of…