The trial court ruled that there was no dispute that Dr. Doremus was commuting to work when she turned into a parking lot for a personal errand and therefore the going and coming rule clearly applied and no exception was met.
May
A hirer of an independent contractor may be liable to an innocent bystander for injuries caused by the contractor’s negligence simply by retaining control over the contractor’s work, if the hirer’s exercise of its retained control was a substantial factor in causing the bystander’s injury.