Lundberg v. State
New York Court of Appeals
255 N.E.2d 177 (1969)
- Written by Kate Luck, JD
Facts
John Sandilands was an engineering technician employed by the New York State Department of Public Works. Sandilands’s job was based in Buffalo, where Sandilands lived. However, Sandilands was temporarily assigned to a job 80 miles away in Salamanca. Sandilands’s employer paid for Sandilands to stay in a hotel during the week and for his travel to and from home on the weekends. One Monday morning, as Sandilands was driving from home to the jobsite in Salamanca, his car skidded and struck a car being driven by John Lundberg. Lundberg died from the injuries he sustained in the accident. Sandilands obtained workers’-compensation benefits for his injuries. Lundberg’s widow (plaintiff) brought suit against the state of New York (the state) (defendant) for wrongful death and pain and suffering. The trial court awarded a judgment in favor of Lundberg’s widow. The appellate court affirmed the judgment, and the state appealed. Lundberg’s widow argued on appeal that driving to and from a temporary job assignment should be considered within the scope of employment because in workers’-compensation cases, employees injured while driving to and from temporary jobsites are entitled to benefits.
Rule of Law
Issue
Holding and Reasoning (Scileppi, J.)
Dissent (Burke, J.)
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