Barbara Bussard, Plaintiff and Appellant, v. Minimed, Inc., Defendant and Respondent.

Are there cases where a commute does not fall under the goings-and-comings rule?

Defendant hired a pest control company to spray pesticide overnight at the defendant’s facility. Fumes from the pesticide caused employees to feel ill the next day. An employee (Hernandez) requested, and was granted, permission to go home due to not feeling well. While returning route, she rear ended the plaintiff. Hernandez told the police officer who responded to the accident scene that she had felt dizzy and lightheaded before the accident.