Mike Guss Obtains Summary Disposition For Global Orange Development, Llc, (Dba Biggby Coffee) In Vicarious Liability Law Suit; Alfred Champagne -V- Global Orange Development, Llc, Et. Al., Ingham County Circuit Court
Plaintiff filed suit against Global Orange Development, stemming from an automobile accident that occurred on January 29, 2013. Plaintiff asserted that Global Orange was vicariously liability based on the fact that the Global Orange employee had performed a substantial amount of his work for Global Orange from his home-to such an extent that his home was effectively a second work location. At the close of discovery, we filed a Motion for Summary Disposition pursuant to the “going and coming” rule, asserting that any negligence committed by an employee who is operating a vehicle in transit to or from the workplace does not constitute an act committed within the scope of employment, such that liability can be imputed to the employer. We further argued that gratuitous work from home, which is neither expected nor required by the employer, does not transform an employee’s home into a “secondary work location.” Such a theory would subject employers to endless claims of worker’s compensation and vicarious liability. The Court agreed and granted our motion for summary disposition.