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Gonzales v. Valley Rivco, Inc.
The plaintiffs[1]brought this tort action against the driver and the owner of a car that struck a truck in which the decedent was a passenger (he later died of the resulting injuries), and also against the drivers employer, defendant Valley Rivco, Inc. (Rivco). Defendant Rivco filed a motion for summary judgment in its own behalf. The trial court granted the motion and entered judgment in behalf of Rivco. On appeal,[4]the plaintiffs contend that the so-called going and coming rule does not preclude defendant Rivco from being vicariously liable for the tort of its employee because there is a triable issue of material fact as to whether one of the rules exceptions applies. Court affirm.


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