going and coming rule (South Carolina) · Go Syfert
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going and coming rule in South Carolina

12 South Carolina opinions name it 2 courts 1994–2025 1 in the last five years

The cases below were cited by South Carolina 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 (12)

CaseFollowedCited
Whitworth v. Window World, Inc.green
sc · 2008 · cited in 2 South Carolina opinions naming this issue, 2012–2015
2 sentences

2015See 377 S.C. at 641 , 661 S.E.2d at 336 (holding a window installer did not meet an exception to the going and coming rule when he was involved in an accident transporting a piece of equipment to a job site).

2015See 377 S.C. at 641 , 661 S.E.2d at 336 (holding a window installer did not meet an exception to the going and coming rule when he was involved in an accident transporting a piece of equipment to a job site).

22
Sola v. Sunny Slope Farmsgreen
sc · 1964 · cited in 3 South Carolina opinions naming this issue, 2005–2025
2 sentences

2025It owns no building other than its administrative building where it processes information for its workers that they then send out to jobs around South Carolina in various industrial setting[s]." Still, Cook argues his accident is compensable under the fourth exception to the going and coming rule because "the place of injury was brought within the scope of employment by an express or implied requirement in the contract of employment." Sola, 244 S.C. at 14, 135 S.E.2d at 326; see also Eargle v. S.C.

2025It owns no building other than its administrative building where it processes information for its workers that they then send out to jobs around South Carolina in various industrial setting[s]." Still, Cook argues his accident is compensable under the fourth exception to the going and coming rule because "the place of injury was brought within the scope of employment by an express or implied requirement in the contract of employment." Sola, 244 S.C. at 14, 135 S.E.2d at 326; see also Eargle v. S.C.

13
Medlin v. Upstate Plaster Servicegreen
sc · 1998 · cited in 2 South Carolina opinions naming this issue, 2005–2016
2 sentences

2005WILLIAMS, J., and CURETON, A.J., concur. [1] A breaker is approximately ten feet long and weighs about three hundred pounds. [2] Because of his injuries, Whitworth needed his nephew’s assistance to complete the job. [3] Because we agree that Whitworth’s injury falls under the “duty or task” exception to the going and coming rule, we decline to address his other arguments. [4] Our court also ruled in favor of compensation based on the first exception to the going and coming rule, which states: “Where, in going to and returning from work, the means of transportation is provided by the employer,

2005WILLIAMS, J., and CURETON, A.J., concur. [1] A breaker is approximately ten feet long and weighs about three hundred pounds. [2] Because of his injuries, Whitworth needed his nephew’s assistance to complete the job. [3] Because we agree that Whitworth’s injury falls under the “duty or task” exception to the going and coming rule, we decline to address his other arguments. [4] Our court also ruled in favor of compensation based on the first exception to the going and coming rule, which states: “Where, in going to and returning from work, the means of transportation is provided by the employer,

12
Davaut v. University of South Carolinagreen
sc · 2016 · cited in 1 South Carolina opinions naming this issue, 2025–2025
2 sentences

2025Our supreme court examined the going and coming rule as well as its exceptions in Davaut. 418 S.C. at 633, 795 S.E.2d at 681.

2025Our supreme court examined the going and coming rule as well as its exceptions in Davaut. 418 S.C. at 633, 795 S.E.2d at 681.

11
Eargle v. South Carolina Electric & Gas Co.green
· 1944 · cited in 1 South Carolina opinions naming this issue, 2025–2025
2 sentences

2025Elec. & Gas Co., 205 S.C. 423, 32 S.E.2d 240, 243-44 (1944) (finding under "the peculiar and unusual facts of this case," a maintenance worker instructed to report to work on Christmas morning to address an emergency at a gas company plant on the North shore of the Broad River was covered under the Act via an express or implied requirement of his employment contract when he drowned while attempting to boat to the plant from the South shore in dense fog enshrouding the lake and the river).

2025Elec. & Gas Co., 205 S.C. 423, 32 S.E.2d 240, 243-44 (1944) (finding under "the peculiar and unusual facts of this case," a maintenance worker instructed to report to work on Christmas morning to address an emergency at a gas company plant on the North shore of the Broad River was covered under the Act via an express or implied requirement of his employment contract when he drowned while attempting to boat to the plant from the South shore in dense fog enshrouding the lake and the river).

11
Epler v. North American Rockwell Corp.green
pa · 1978 · cited in 1 South Carolina opinions naming this issue, 2016–2016
2 sentences

2016See, e.g., Epler, 393 A.2d at 1165-67 (concluding a public road separating the employer’s plant from a parking lot provided for employee parking was part of the employer’s premises under the state’s workers’ compensation law (citations omitted)); cf. Evans v. Coats & Clark, 328 S.C. 467, 469 , 492 S.E,2d 807, 808 (Ct. App. 1997) (finding “a common area situated in the lobby of the building that housed [the employee’s] place of employment” was part of the employer’s premises and therefore the going and coming rule did not preclude the employee’s recovery of workers’ compensation benefits (citat

2016See, e.g., Epler, 393 A.2d at 1165-67 (concluding a public road separating the employer’s plant from a parking lot provided for employee parking was part of the employer’s premises under the state’s workers’ compensation law (citations omitted)); cf. Evans v. Coats & Clark, 328 S.C. 467, 469 , 492 S.E,2d 807, 808 (Ct. App. 1997) (finding “a common area situated in the lobby of the building that housed [the employee’s] place of employment” was part of the employer’s premises and therefore the going and coming rule did not preclude the employee’s recovery of workers’ compensation benefits (citat

11
Harrison v. Winn Dixie Stores, Inc.green
gactapp · 2000 · cited in 1 South Carolina opinions naming this issue, 2016–2016
2 sentences

2016See, e.g., Harrison v. Winn Dixie Stores, Inc., 247 Ga.App. 6 , 542 S.E.2d 142, 144 (Ga. Ct. App. 2000) (noting the exception "provides that an employee remains within the course of employment when traveling from the place of work to an employer-owned or -controlled parking lot, even if the course of travel *637 necessitates that the employee traverse a public road”).

2016See, e.g., Harrison v. Winn Dixie Stores, Inc., 247 Ga.App. 6 , 542 S.E.2d 142, 144 (Ga. Ct. App. 2000) (noting the exception "provides that an employee remains within the course of employment when traveling from the place of work to an employer-owned or -controlled parking lot, even if the course of travel *637 necessitates that the employee traverse a public road”).

11
Jones v. Lottgreen
sc · 2010 · cited in 1 South Carolina opinions naming this issue, 2015–2015
2 sentences

2015“Under the two issue rule, where a decision is based on more than one ground, the appellate court will affirm unless the appellant appeals all grounds because the unappealed ground will become the law of the case.” Jones v. Lott, 387 S.C. 339, 346 , 692 S.E.2d 900, 903 (2010).

2015“Under the two issue rule, where a decision is based on more than one ground, the appellate court will affirm unless the appellant appeals all grounds because the unappealed ground will become the law of the case.” Jones v. Lott, 387 S.C. 339, 346 , 692 S.E.2d 900, 903 (2010).

11
Lark v. Bi-Lo, Inc.green
sc · 1981 · cited in 1 South Carolina opinions naming this issue, 2015–2015
2 sentences

2015See Lark v. Bi-Lo, Inc., 276 S.C. 130, 135-36 , 276 S.E.2d 304, 306-07 (1981) (providing this court must affirm the findings of fact made by the Appellate Panel if they are supported by substantial evidence).

2015See Lark v. Bi-Lo, Inc., 276 S.C. 130, 135-36 , 276 S.E.2d 304, 306-07 (1981) (providing this court must affirm the findings of fact made by the Appellate Panel if they are supported by substantial evidence).

11
Hall v. Desert Aire, Inc.green
scctapp · 2007 · cited in 1 South Carolina opinions naming this issue, 2012–2012
2 sentences

2012Therefore, an injury sustained by accident at such time is not compensable under the Workers’ Compensation Act because it does not arise out of and in the course of his employment.”); Kirksey v. Assurance Tire Co., 314 S.C. 43, 45 , 443 S.E.2d 803, 804 (1994) (holding gratuitous workers are not employees); Hall v. Desert Aire, Inc., 376 S.C. 338, 357 , 656 S.E.2d 753, 762 (Ct.App.2007) ("It is well settled that 'traveling employees are generally within the course of their employment from the time they leave home on a business trip until they return, for the self-evident reason that the traveli

2012Therefore, an injury sustained by accident at such time is not compensable under the Workers’ Compensation Act because it does not arise out of and in the course of his employment.”); Kirksey v. Assurance Tire Co., 314 S.C. 43, 45 , 443 S.E.2d 803, 804 (1994) (holding gratuitous workers are not employees); Hall v. Desert Aire, Inc., 376 S.C. 338, 357 , 656 S.E.2d 753, 762 (Ct.App.2007) ("It is well settled that 'traveling employees are generally within the course of their employment from the time they leave home on a business trip until they return, for the self-evident reason that the traveli

11
Kirksey v. Assurance Tire Co.green
sc · 1994 · cited in 1 South Carolina opinions naming this issue, 2012–2012
2 sentences

2012Therefore, an injury sustained by accident at such time is not compensable under the Workers’ Compensation Act because it does not arise out of and in the course of his employment.”); Kirksey v. Assurance Tire Co., 314 S.C. 43, 45 , 443 S.E.2d 803, 804 (1994) (holding gratuitous workers are not employees); Hall v. Desert Aire, Inc., 376 S.C. 338, 357 , 656 S.E.2d 753, 762 (Ct.App.2007) ("It is well settled that 'traveling employees are generally within the course of their employment from the time they leave home on a business trip until they return, for the self-evident reason that the traveli

2012Therefore, an injury sustained by accident at such time is not compensable under the Workers’ Compensation Act because it does not arise out of and in the course of his employment.”); Kirksey v. Assurance Tire Co., 314 S.C. 43, 45 , 443 S.E.2d 803, 804 (1994) (holding gratuitous workers are not employees); Hall v. Desert Aire, Inc., 376 S.C. 338, 357 , 656 S.E.2d 753, 762 (Ct.App.2007) ("It is well settled that 'traveling employees are generally within the course of their employment from the time they leave home on a business trip until they return, for the self-evident reason that the traveli

11
Rodney v. Michelin Tire Corp.green
sc · 1996 · cited in 1 South Carolina opinions naming this issue, 1998–1998
2 sentences

1998“An injury arises out of employment when there is apparent to the rational mind, upon consideration of all the circumstances, a causal relationship between the conditions under which the work is to be performed and the resulting injury.” Rodney v. Michelin Tire Corp., 320 S.C. 515, 518 , 466 S.E.2d 357, 358 (1996).

1998“An injury arises out of employment when there is apparent to the rational mind, upon consideration of all the circumstances, a causal relationship between the conditions under which the work is to be performed and the resulting injury.” Rodney v. Michelin Tire Corp., 320 S.C. 515, 518 , 466 S.E.2d 357, 358 (1996).

11

Distinguished, questioned or overruled (0)

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

Also cited on this issue (6)

CaseCitedYears
Eadie v. H.A. Sack Co. green
scctapp · 1996
2 sentences

2008Eadie , 322 S.C. at 168-69 , 470 S.E.2d at 400 .

2008Eadie , 322 S.C. at 168-69 , 470 S.E.2d at 400 .

32008–2008
Wright v. Wright green
scctapp · 1991
2 sentences

2008The claimants accident clearly fell within two exceptions to the going and coming rule since the claimant was driving a company truck and was charged with the specific work-related task of taking the employee home. 3 Id. at 333-34 , 411 S.E.2d at 830 .

2008The claimants accident clearly fell within two exceptions to the going and coming rule since the claimant was driving a company truck and was charged with the specific work-related task of taking the employee home. 3 Id. at 333-34 , 411 S.E.2d at 830 .

32005–2008
Evans v. Coats green
scctapp · 1997
2 sentences

2016See, e.g., Epler, 393 A.2d at 1165-67 (concluding a public road separating the employer’s plant from a parking lot provided for employee parking was part of the employer’s premises under the state’s workers’ compensation law (citations omitted)); cf. Evans v. Coats & Clark, 328 S.C. 467, 469 , 492 S.E,2d 807, 808 (Ct. App. 1997) (finding “a common area situated in the lobby of the building that housed [the employee’s] place of employment” was part of the employer’s premises and therefore the going and coming rule did not preclude the employee’s recovery of workers’ compensation benefits (citat

2016See, e.g., Epler, 393 A.2d at 1165-67 (concluding a public road separating the employer’s plant from a parking lot provided for employee parking was part of the employer’s premises under the state’s workers’ compensation law (citations omitted)); cf. Evans v. Coats & Clark, 328 S.C. 467, 469 , 492 S.E,2d 807, 808 (Ct. App. 1997) (finding “a common area situated in the lobby of the building that housed [the employee’s] place of employment” was part of the employer’s premises and therefore the going and coming rule did not preclude the employee’s recovery of workers’ compensation benefits (citat

12016–2016
Howell v. Pacific Columbia Mills green
sc · 1987
2 sentences

2016We refer to this as “the fourth Sola exception.” See Howell, 291 S.C. at 472 n.1, 354 S.E.2d at 385 n.l (noting that “[t]his is the fourth exception to the going and coming rule” listed in Sola).

2016We refer to this as “the fourth Sola exception.” See Howell, 291 S.C. at 472 n.1, 354 S.E.2d at 385 n.l (noting that “[t]his is the fourth exception to the going and coming rule” listed in Sola).

12016–2016
Gallman v. Springs Mills green
· 1942
2 sentences

2005WILLIAMS, J., and CURETON, A.J., concur. [1] A breaker is approximately ten feet long and weighs about three hundred pounds. [2] Because of his injuries, Whitworth needed his nephew’s assistance to complete the job. [3] Because we agree that Whitworth’s injury falls under the “duty or task” exception to the going and coming rule, we decline to address his other arguments. [4] Our court also ruled in favor of compensation based on the first exception to the going and coming rule, which states: “Where, in going to and returning from work, the means of transportation is provided by the employer,

2005WILLIAMS, J., and CURETON, A.J., concur. [1] A breaker is approximately ten feet long and weighs about three hundred pounds. [2] Because of his injuries, Whitworth needed his nephew’s assistance to complete the job. [3] Because we agree that Whitworth’s injury falls under the “duty or task” exception to the going and coming rule, we decline to address his other arguments. [4] Our court also ruled in favor of compensation based on the first exception to the going and coming rule, which states: “Where, in going to and returning from work, the means of transportation is provided by the employer,

12005–2005
McMillan v. Huntington & Guerry Electric Co. green
sc · 1982
2 sentences

1994Co., 277 S.C. 552 , 290 S.E. (2d) 810 (1982) (whether payment of additional hourly compensation brings the case within an exception to the going and coming rule is a question of fact).

1994Co., 277 S.C. 552 , 290 S.E. (2d) 810 (1982) (whether payment of additional hourly compensation brings the case within an exception to the going and coming rule is a question of fact).

11994–1994

Statutes the citing opinions construe

SC § S.C. Code Ann. § 1-23-330 (3) SC § S.C. Code Ann. § 1-23-380 (3) SC § S.C. Code Ann. § 19-11-20 (3)

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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