JEEWARAT v. WARNER BROS. ENTERTAINMENT INC.

No. B212323.

177 Cal.App.4th 427 (2009)

CHUENCHOMPORN JEEWARAT et al., Plaintiffs and Appellants, v. WARNER BROS. ENTERTAINMENT INC., Defendant and Respondent.

Court of Appeals of California, Second District, Division Five.

September 3, 2009.


Attorney(s) appearing for the Case

Zukor & Nelson, Abram Charles Zukor and Marilyn H. Nelson for Plaintiffs and Appellants.

Wood, Smith, Henning & Berman, Kevin D. Smith, Anne K. McIntyre and Nicholas M. Gedo for Defendant and Respondent.


OPINION

KRIEGLER, J.

An employee returning home after a three-day business conference was driving his regular commute route when he was involved in a car accident that injured several pedestrians. Plaintiffs sought to impose liability against the employer based on principles of respondeat superior. The employer filed a motion for summary judgment based on the "going and coming rule," which provides that an employer is not subject to vicarious liability for...

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