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Sullivan v. City and County of San Francisco, 95 Cal.App.2d 745, 214 P.2d 82, 15 Cal. Comp. Cases 50

Facts

On August 11, 1947, Frank R. Sullivan, Jr., a temporary non-civil service fireman, was injured while riding a crowded streetcar. The streetcar, operated by the City, struck a parked truck, causing Sullivan to be thrown from the platform and sustain serious injuries. Sullivan had paid his fare and was on his way to work, but the City claimed he was an employee entitled only to compensation under the Workmen's Compensation Act. The jury found the City negligent and awarded Sullivan $125,000 in damages.

The accident occurred on August 11, 1947. On June 20, 1947 plaintiff had been sworn in as a temporary non-civil service fireman. Such employees are issued a badge and a rule book, but are not required to purchase a regular uniform. They work in dark trousers and a dark shirt. About three weeks before the accident plaintiff was assigned to Engine No. 14, located at McAllister and Webster Streets, his daily shift starting at 6 p.m. On the day in question he decided to go to work rather early, and for this purpose took a Geary streetcar, paid his fare and secured a transfer.

Issue

Did the Superior Court have jurisdiction over Sullivan's personal injury claim against the City, or was his exclusive remedy under the Workmen's Compensation Act?

Did the Superior Court have jurisdiction in this action?

Rule

Injuries sustained by an employee while going to or coming from work are generally not compensable under the Workmen's Compensation Act unless the employer provides transportation as part of the employment contract.

It is, of course, Hornbook law that, generally speaking, injuries received by an employee while going to or coming from his place of employment are not compensable under the Workmen's Compensation Act.

Analysis

The court determined that Sullivan was not riding the streetcar as an employee but as a paying passenger, as he did not present his badge to ride free. The evidence showed that the City was negligent in operating the streetcar, which was a proximate cause of the accident. The court found that the City could not claim the exclusive remedy defense under the Workmen's Compensation Act because Sullivan was not using the transportation as an incident of his employment at the time of the accident.

Thus, it is apparent that the admission of the Nelson letter, even if error (a point we do not decide), could not have been prejudicial. The compensation issue, by stipulation, was completely removed from the consideration of the jury.

Conclusion

The appellate court affirmed the judgment in favor of Sullivan, holding that the City was liable for his injuries and that the Workmen's Compensation Act did not apply.

Judgment affirmed.

Who won?

Frank R. Sullivan, Jr. prevailed in the case because the court found that the City was negligent in the operation of the streetcar, which directly caused his injuries.

Plaintiff brought this action against the City and County of San Francisco and various Does for injuries received by him while riding on a City streetcar. The jury returned a verdict of $125,000.

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