City not liable for employee killing pedestrian on commute to work

A City of Los Angeles employee struck and killed a pedestrian during his commute to work. Generally, an employer isn't liable for injuries caused by an employee during his commute. However, the “work-spawned risk” exception may be applicable when an employee endangers others because of a risk arising from or related to his work. In this case, the appellate court decided whether that exception applies when the employer knows about the employee's industrial injury and the medications he takes for it and doesn't restrict him from driving.

Factual background

Kim Rushton was employed by the city as a chemist at the Hyperion Water Reclamation Plant. Because his job required him to analyze water samples at the lab, he rarely left the plant on work-related travel. He didn't work in the field, nor was he required to use his car at work.

Rushton was receiving treatment for chronic health problems, including a tremor and occasional seizures. He used a walking stick at work and took several medications. None of his conditions or medications interfered with his ability to operate a vehicle. In December 2014, Rushton fell at work and took workers' compensation leave until February 2, 2015. He was diagnosed with a lower back strain and prescribed medication to relieve his symptoms. On February 2, his physicians cleared him to return to work with restrictions on standing or walking for more than four hours a day and stooping, bending, kneeling, and squatting. He wasn't given any driving restrictions. On February 20, he received an epidural injection of steroids to relieve his back pain.