Chang v. So. Cal. Permanente Medical Group
– B340770, filed April 9, 2026, publication ordered April 28, 2026, Second District, Div. One
Plaintiff sued defendant hospital after an automobile accident involving defendant’s employee. The employee was at a Halloween store to return her son’s costume when she struck plaintiff while he was riding a bicycle. Cell phone records established that, after the accident, the employee texted her coworkers to inform them she would not be coming in to work. A work calendar also listed a meeting for the employee around the time of the accident. The trial court granted summary judgment for defendant hospital based on the “going and coming rule,” which exempts employers from liability for employee torts committed while commuting to and from work.
On appeal, plaintiff argued the trial court erred in granting summary judgment because defendant had not offered evidence negating the possibility that the employee was engaged in work-related communication on her cell phone at the time of the accident. The Court of Appeal disagreed, finding that neither the employee’s text message after the accident, nor the work calendar necessarily reflected the employee’s activities that day.
