Carradine

INTRODUCTION

In May 2018, Eyad Rihani left work at respondent IDrip Vape, LLC, which he co-owned, and started driving home in his private vehicle. On his way home, Rihani was involved in an accident that killed Shaunta Jackson. Jackson’s mother, appellant Roneisha Carradine, sued respondent, seeking to hold it vicariously liable for Rihani’s actions. Respondent moved for summary judgment, arguing it could not be held liable for Rihani’s actions. Among other things, respondent argued that under the “going-and-coming rule,” Rihani’s drive home from work was outside the scope of his work and thus could not subject respondent to liability. Appellant opposed the motion, arguing, inter alia, that Rihani’s commute fell within an “incidental-benefit exception” to the going-and-coming rule because respondent benefitted from the daily availability of Rihani’s vehicle, which he occasionally used for work purposes on an “impromptu” basis. The trial court granted respondent’s motion for summary judgment. It concluded that the going-and-coming rule applied because respondent did not require Rihani to use his car for work, and that Rihani used the car as a matter of personal convenience, not…