In a significant decision for employers facing vicarious liability claims, the Louisiana Supreme Court has ruled in favor of ExxonMobil Corporation, dismissing it from a pending personal injury lawsuit arising out of a 2021 automobile accident.
The case stemmed from a collision involving an ExxonMobil employee who was driving his personal vehicle to work at the time of the accident. Plaintiffs sought to impose liability on ExxonMobil under a theory of respondeat superior, arguing that the employee was acting within the course and scope of his employment. After full briefing, the Louisiana Supreme Court concluded that no genuine issue of material fact existed and that ExxonMobil was entitled to summary judgment as a matter of law.
The Court reaffirmed the long‑standing “coming and going” rule, holding that an employee’s ordinary commute to and from work typically falls outside the course and scope of employment. The Court further found that none of the narrow exceptions to this rule applied, emphasizing that ExxonMobil neither controlled the employee’s commute nor reimbursed him for actual travel expenses related to the daily drive in question. Importantly, the Court clarified that relocation benefits and lump‑sum allowances intended to assist with moving expenses do not transform an employee’s regular commute into work‑related activity. As a result, the Court reversed the lower courts’ rulings and entered judgment dismissing ExxonMobil from the lawsuit with prejudice.
This decision provides meaningful guidance for employers and reinforces clear boundaries on vicarious liability for employee conduct occurring during ordinary commutes. It also underscores the effectiveness of early summary judgment practice in cases where the law and undisputed facts do not support employer liability.
Liskow attorneys Kathryn Gonski, Cherrell Simms Taplin, and Denice Redd-Robinette represented ExxonMobil. A copy of the Louisiana Supreme Court’s decision can be found here. For more information on similar matters Liskow has handled, visit the firm’s Personal Injury Practice page.