Hollin v. Johnston County Council on Aging

The majority incorrectly applied the holding of Hunt v. Tender LovingCare, 153 N.C. App. 266, 569 S.E.2d 675 (2002), to the facts of this case. The facts in this case, however, are more similar to Munoz v.Caldwell Hospital, ___ N.C. App. ___, 614 S.E.2d 448 (July 5, 2005), where the traveling salesman exception to the going and coming rule was applied.

In this case, plaintiff was required to travel to perform a service on behalf of defendant-employer. She had no fixed place of employment. She worked at 16 or more places and saw 16 or more clients during each week according to a schedule…