Special Mission Exception
In Mannes v. Healey, 306 N.J. Super. 351, 703 A.2d 944 (App.Div.1997), the defendant was driving her own vehicle from her home to her place of employment when she struck a pedestrian at 8:30 p.m. Id. at 352, 703 A.2d 944.
The court declined to apply the "special mission" exception even though the defendant had an undefined and flexible nature of employment, which allowed the defendant to go to the office after regular business hours. Id. at 355, 703 A.2d 944.
The court indicated that the flexibility benefitted the defendant more than the defendant's employer, and that the varying hours and unrestricted access to the employer's office underscored the absence of control by the employer. Ibid.
The court also pointed out that the defendant operated her own car, and that the defendant's employer did not control the defendant's commute, the manner in which the defendant operated the car or the route of travel, or when the defendant chose to commute to the office for business purposes. Ibid.
There was no indication in Mannes that the employer required the defendant to have a vehicle.