Johnson v. Stratlaw, Inc.
Court of Appeal of California
274 Cal. Rptr. 363 (1990)
16-year-old Daryl Johnson worked a shift at Stratlaw's (defendant) pizza shop from 5 p.m. until after 2 a.m., in violation of state labor laws limiting hours for minors, and died in a single-car accident driving home that night. His parents (plaintiffs) sued Stratlaw for wrongful death, arguing the going-and-coming rule kept Daryl's commute outside the scope of employment and thus outside workers' compensation's exclusive remedy; Stratlaw argued the special-risk exception applied, confining the parents to a workers' compensation claim, and the trial court granted Stratlaw summary judgment.
Whether, under the special-risk exception to the going-and-coming rule, an employee is deemed to act within the scope of employment if the employment creates a special risk and the employee's injuries occur within the field of that risk.