TDCAA Community
Course and Scope/Cellphone/ Tort Claims Act

This topic can be found at:
https://tdcaa.infopop.net/eve/forums/a/tpc/f/257098965/m/2303055386

October 25, 2002, 11:25
Les
Course and Scope/Cellphone/ Tort Claims Act
An ADA has an auto accident in her own personal vehicle two blocks from her house on the way to work in the morning. Is she in the course and scope of the county's employment? What if she is using a cell phone also? Anyone have any cellphone cases? Anyone have any cases or thoughts?
October 25, 2002, 13:31
Robert S. DuBoise
The Courts that have reviewed this issue have held almost unanimously that an employee's travels to and from work are not in the "course and scope" of employment. Does the potential litigation come from the threat of a comp suit against the County or by an injured third party who wants to sue the County?

Robert DuBoise

P.S. I jumped online and ran a quick search. Here is a place to start your research-
Wilie v. Signature Geophysical Services, Inc.
65 S.W.3d 355 Tex.App.-Houston [14 Dist.],2001.