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Case Name | Bussard vs. Minimed | |
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Date | 01/23/2003 | |
Note | Employer liable to third party from accident by employee sent home due to illness incurred at work. | |
Citation | 105 Cal.App.4th 798, 129 Cal.Rptr.2d 675 | |
WCC Citation | WCC 29142003 CA |
BARBARA BUSSARD, Plaintiff and Appellant, v. MINIMED, INC. , Defendant and Respondent. Page 2} OPINION RUBIN, J. - Appellant Barbara Bussard appeals from summary judgment for respondent Minimed, Inc. After review, we hold the "going-and-coming" exception to the doctrine of respondeat superior does not apply to an employee while she is driving home after becoming sick at work from exposure to pesticide fumes. PROCEDURAL AND FACTUAL BACKGROUND On March 22, 2000, respondent Minimed hired a pest control company to spray pesticide overnight to eliminate fleas at respondent's facility. Around 7:00 a. m. the next day, Minimed clerical employee Irma Hernandez arrived for work. While in route, she rear ended appellant Barbara Bussard, who was stopped at a red light.
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