Bussard v. Minimed, Inc.

After Minimed, Inc. (Minimed) (defendant) had its building sprayed for fleas, employee Irma Hernandez left work feeling ill from the chemical fumes and, while driving home dizzy and lightheaded, rear-ended Barbara Bussard (plaintiff). Bussard sued both Hernandez and Minimed, arguing Hernandez was acting within the scope of her employment during the commute; the trial court granted Minimed summary judgment on the theory that ordinary commuting falls outside the scope of employment, and Bussard appealed.