going and coming rule (Arkansas) · Go Syfert
← Arkansas issues

going and coming rule in Arkansas

25 Arkansas opinions name it 2 courts 1960–2025 5 in the last five years

The cases below were cited by Arkansas courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (8)

CaseFollowedCited
Van Dalsen v. Inmangreen
ark · 1964 · cited in 3 Arkansas opinions naming this issue, 2024–2025
2 sentences

2024They noted that Comfort Systems had admitted that no Arkansas appellate court had ever applied the going-and-coming rule in tort cases, and in fact, the Arkansas Supreme Court had clearly held in Van Dalsen v. Inman, 238 Ark. 237 , 379 S.W.2d 261 (1964), that workers’ compensation rules, like the going-and-coming rule, were not applicable to tort cases.

2024They noted that Comfort Systems had admitted that no Arkansas appellate court had ever applied the going-and-coming rule in tort cases, and in fact, the Arkansas Supreme Court had clearly held in Van Dalsen v. Inman, 238 Ark. 237 , 379 S.W.2d 261 (1964), that workers’ compensation rules, like the going-and-coming rule, were not applicable to tort cases.

23
Hightower v. Newark Public School Systemgreen
arkctapp · 1997 · cited in 6 Arkansas opinions naming this issue, 2000–2015
2 sentences

2015Hightower, 57 Ark.

2009Hightower v. Newark Public School System, 57 Ark.App. 159 , 943 S.W.2d 608 (1997).

16
City of Sherwood v. Lowegreen
arkctapp · 1982 · cited in 3 Arkansas opinions naming this issue, 1985–1995
2 sentences

1995City of Sherwood v. Lowe, 4 Ark.

1990Although an exception to the going and coming rule may operate to place an employee traveling to or from work within the course of his employment, id.; see generally City of Sherwood v. Lowe, 4 Ark.

13
Knighton v. International Paper Co.green
ark · 1969 · cited in 2 Arkansas opinions naming this issue, 2024–2025
2 sentences

2025Now, Comfort Systems takes the position that in Knighton v. International Paper Co., 246 Ark. 523, 438 S.W.2d 721 (1969), decided five years after Van Dalsen, this court expressly applied the going-and-coming rule in a respondeat superior liability case.

2025Now, Comfort Systems takes the position that in Knighton v. International Paper Co., 246 Ark. 523, 438 S.W.2d 721 (1969), decided five years after Van Dalsen, this court expressly applied the going-and-coming rule in a respondeat superior liability case.

12
Davis v. Kukargreen
ark · 1962 · cited in 1 Arkansas opinions naming this issue, 2025–2025
2 sentences

2025Co., 93 Ark. 397, 125 S.W. 439, 441 (1910); Davis v. Kukar, 235 Ark. 139, 142, 357 S.W.2d 275, 277 (1962). 3 J.B.

2025Co., 93 Ark. 397, 125 S.W. 439, 441 (1910); Davis v. Kukar, 235 Ark. 139, 142, 357 S.W.2d 275, 277 (1962). 3 J.B.

11
Sweeden v. Atkinson Improvement Co.green
ark · 1910 · cited in 1 Arkansas opinions naming this issue, 2025–2025
2 sentences

2025Co., 93 Ark. 397, 125 S.W. 439, 441 (1910); Davis v. Kukar, 235 Ark. 139, 142, 357 S.W.2d 275, 277 (1962). 3 J.B.

2025Co., 93 Ark. 397, 125 S.W. 439, 441 (1910); Davis v. Kukar, 235 Ark. 139, 142, 357 S.W.2d 275, 277 (1962). 3 J.B.

11
Swearengin v. Evergreen Lawnsgreen
arkctapp · 2004 · cited in 1 Arkansas opinions naming this issue, 2006–2006
1 sentence

2006See Swearengin v. Evergreen Lawns, 85 Ark.

11
Campbell v. Randal Tyler Ford Mercury, Inc.green
arkctapp · 2000 · cited in 1 Arkansas opinions naming this issue, 2002–2002
1 sentence

2002See also, e.g., Campbell v. Randal Tyler Ford Mercury, Inc., 70 Ark.

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Arkansas. Read the followed side critically anyway.

Also cited on this issue (22)

CaseCitedYears
Bales, Admx. v. Service Club No. 1, Camp Chaffee green
ark · 1945
2 sentences

1995Johnson v. Clark, supra; Bales v. Service Club No. 1, Camp Chaffee, 208 Ark. 692 , 187 S.W.2d 321 (1945).

1995Johnson v. Clark, supra; Bales v. Service Club No. 1, Camp Chaffee, 208 Ark. 692 , 187 S.W.2d 321 (1945).

31967–1995
Olsten Kimberly Quality Care v. Pettey green
ark · 1997
2 sentences

2004Olsten Kimberly Quality Care v. Pettey, 328 Ark. 381 , 944 S.W.2d 524 (1997); Daniels, supra. Thus, the going-and-coming rule ordinarily precludes recovery for an injury sustained while the employee is going to or returning from work.

2004Olsten Kimberly Quality Care v. Pettey, 328 Ark. 381 , 944 S.W.2d 524 (1997); Daniels, supra. Thus, the going-and-coming rule ordinarily precludes recovery for an injury sustained while the employee is going to or returning from work.

22004–2025
Moncus v. Billingsley Logging & American Ins. Co. green
ark · 2006
2 sentences

2014Moncus v. Billingsley Logging, 366 Ark. 383 , 235 S.W.3d 877 (2006).

2014Moncus v. Billingsley Logging, 366 Ark. 383 , 235 S.W.3d 877 (2006).

22006–2014
Jane Traylor, Inc. v. Cooksey green
arkctapp · 1990
2 sentences

2005Swearengin, supra (citing Jane Traylor, Inc. v. Cooksey, 31 Ark.App. 245 , 792 S.W.2d 351 (1990)).

2005Swearengin, supra (citing Jane Traylor, Inc. v. Cooksey, 31 Ark.App. 245 , 792 S.W.2d 351 (1990)).

22004–2005
Woodard v. White Spot Cafe green
arkctapp · 1990
2 sentences

2004Woodard v. White Spot Café, 30 Ark.

1995Woodard v. White Spot Cafe, 30 Ark.

21995–2004
Chicot Memorial Hospital v. Veazey green
arkctapp · 1983
2 sentences

1990Chicot Memorial Hospital v. Veazey, 9 Ark.

1987Chicot Memorial Hospital v. Veazey, 9 Ark.

21987–1990
Blankinship Logging Co. v. Brown neutral
ark · 1948
2 sentences

1960It is appellants’ strong contention that the facts and circumstances of this case bring it squarely within a well recognized exception to the going and coming rule often referred to in decisions by this court and particularly in the case of Blankenship Logging Company v. Brown, 212 Ark. 871 , 208 S. W. 2d 778 .

1960It is appellants’ strong contention that the facts and circumstances of this case bring it squarely within a well recognized exception to the going and coming rule often referred to in decisions by this court and particularly in the case of Blankenship Logging Company v. Brown, 212 Ark. 871 , 208 S. W. 2d 778 .

21960–1976
Frank Lyon Co. v. Oates neutral
ark · 1955
2 sentences

2025Van Dalsen relied on Frank Lyon Co. v. Oates, 225 Ark. 682, 284 S.W.2d 637 (1955) (a workers’-compensation case specifically addressing the going-and- coming rule), but we rejected its application to a master and servant case such as Van Dalsen’s.

2025Van Dalsen relied on Frank Lyon Co. v. Oates, 225 Ark. 682, 284 S.W.2d 637 (1955) (a workers’-compensation case specifically addressing the going-and- coming rule), but we rejected its application to a master and servant case such as Van Dalsen’s.

12025–2025
Caffey v. Sanyo Manufacturing Corp. green
arkctapp · 2004
2 sentences

2021Foster, a temporary clerical worker, was injured in the service-bay area of McClarty Auto Mall at 7:50 a.m., ten minutes before her official workday began. 31 The Foster opinion noted that she would have been required to perform her specific job duties while en route to her designated job site and was expected to advance her employer’s interests away from her desk, even if Foster had not actually been engaged in work duties when she was injured. 32 The Foster opinion rejected any application of the going and coming rule because Foster was already at the workplace; she was not driving to work n

2021App. 342 , 154 S.W.3d 274 (2004). 30 93 Ark.

12021–2021
Foster v. Express Personnel Services neutral
arkctapp · 2006
1 sentence

2021App. 342 , 154 S.W.3d 274 (2004). 30 93 Ark.

12021–2021
Linton v. Arkansas Department of Corrections green
arkctapp · 2004
1 sentence

2006Linton v. Arkansas Dep’t of Correction, 87 Ark.

12006–2006
Moncus v. Billingsley Logging neutral
arkctapp · 2005
1 sentence

2006Moncus v. Billingsley Logging, 93 Ark.

12006–2006
Lepard v. West Memphis MacHine & Welding neutral
arkctapp · 1995
1 sentence

2004Lepard v. West Memphis Mach. & Welding, 51 Ark.

12004–2004
Harding v. City of Texarkana green
arkctapp · 1998
2 sentences

2001In Harding v. City of Texarkana, 62 Ark.

2001In Harding v. City of Texarkana, 62 Ark.App. 137 , 970 S.W.2d 303 (1998), we affirmed the Commission's decision denying benefits for injuries sustained to a worker who tripped over a rolled-up carpet while walking to a designated smoking area.

12001–2001
Johnson v. Clark neutral
ark · 1959
2 sentences

1995Brooks v. Wage, 242 Ark. 486 , 414 S.W.2d 100 (1967); Johnson v. Clark, 230 Ark. 275 , 322 S.W.2d 72 (1959).

1995Brooks v. Wage, 242 Ark. 486 , 414 S.W.2d 100 (1967); Johnson v. Clark, 230 Ark. 275 , 322 S.W.2d 72 (1959).

11995–1995
Cudahy Packing Co. Of Nebraska v. Parramore green
· 1924
1 sentence

1995The court stated, “The employment contemplated [the employee’s] entry upon and departure from the premises as much as it contemplated his working there, and must include a reasonable interval of time for that purpose.” Id., 208 Ark. at 699 (quoting Cudahy Packing Co. v. Parramore, 263 U.S. 418 (1923)).

11995–1995
Brooks v. Wage green
ark · 1967
2 sentences

1995Brooks v. Wage, 242 Ark. 486 , 414 S.W.2d 100 (1967); Johnson v. Clark, 230 Ark. 275 , 322 S.W.2d 72 (1959).

1995Brooks v. Wage, 242 Ark. 486 , 414 S.W.2d 100 (1967); Johnson v. Clark, 230 Ark. 275 , 322 S.W.2d 72 (1959).

11995–1995
Davis v. Chemical Construction Co. green
ark · 1960
2 sentences

1990While we agree with the appellant that this case falls within the premises exception to the going and coming rule, see Davis v. Chemical Construction Co., 232 Ark. 50 , 334 S.W.2d 697 (1960), we think that the appellant was nevertheless required to prove that his injury arose out of his employment.

1990While we agree with the appellant that this case falls within the premises exception to the going and coming rule, see Davis v. Chemical Construction Co., 232 Ark. 50 , 334 S.W.2d 697 (1960), we think that the appellant was nevertheless required to prove that his injury arose out of his employment.

11990–1990
Robins Silk Manufacturing Co. v. Consolidated Piece Dye Works green
ny · 1929
1 sentence

1990In his treatise on workmen’s compensation law, Larson discusses the dual-purpose doctrine as set out by Judge Cardozo in Marks’ Dependents v. Gray, 251 N.Y. 90 , 167 N.E. 181 (1929).

11990–1990
Claim of Dependents of Marks v. Gray green
ny · 1929
1 sentence

1990In his treatise on workmen’s compensation law, Larson discusses the dual-purpose doctrine as set out by Judge Cardozo in Marks’ Dependents v. Gray, 251 N.Y. 90 , 167 N.E. 181 (1929).

11990–1990
Fisher v. Proksch neutral
arkctapp · 1987
2 sentences

1990The going and coming rule was explained in Fisher v. Proksch, 20 Ark.

1990App. 80 , 723 S.W.2d 852 (1987), as follows: The going and coming rule provides that, since all persons are subject to the same street hazards while traveling, injuries sustained by employees going to and coming from work cannot ordinarily be said to arise out of and in the course of the employment within the meaning of the workers’ compensation law.

11990–1990
Hunter v. Summerville green
ark · 1943
2 sentences

1976See Larson, Workmen’s Compensation, § 18.10 et. seq. (1972); Blankinship Logging Co. v. Brown, 212 Ark. 871 , 208 S.W. 2d 778 (1948); and Hunter v. Summerville, 205 Ark. 463 , 169 S.W. 2d 579 (1943).

1976See Larson, Workmen’s Compensation, § 18.10 et. seq. (1972); Blankinship Logging Co. v. Brown, 212 Ark. 871 , 208 S.W. 2d 778 (1948); and Hunter v. Summerville, 205 Ark. 463 , 169 S.W. 2d 579 (1943).

11976–1976

Statutes the citing opinions construe

AR § Ark. Code Ann. § 11-9-102 (11) AR § Ark. Code Ann. § 11 (6)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

CA 107 (1928–2026) NJ 44 (1962–2023) FL 31 (1971–2023) OR 25 (1970–2021) AR 25 (1960–2025) NM 23 (1962–2018) MD 19 (1970–2019) KS 15 (1995–2020) AZ 14 (1967–2015) PA 12 (1991–2021) LA 12 (2001–2025) SC 12 (1994–2025) UT 9 (1995–2019) IA 8 (1955–2019) MI 8 (1980–2020) KY 8 (1959–2024) MO 7 (1966–2019) WV 7 (1974–2018) WA 7 (1983–2016) OK 7 (1981–2016) VA 6 (1988–2025) ID 6 (1977–2019) NC 6 (1989–2011) OH 6 (1983–2000) AK 6 (1964–2001) DE 5 (1993–2018) AL 5 (1987–2016) MS 4 (1969–2019) NV 4 (2005–2022) RI 4 (1987–2022) MT 3 (1987–1998) ME 3 (1985–2010) SD 3 (2005–2021) NH 2 (1977–2022) DC 2 (2022–2023) CO 2 (2006–2020)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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