Craig v. Decatur Petroleum Haulers, Inc.

Decision Date10 November 1976
Citation340 So.2d 1127
PartiesJimmy W. CRAIG v. DECATUR PETROLEUM HAULERS, INC. Civ. 871.
CourtAlabama Court of Civil Appeals

Rodney B. Slusher, Florence, for appellant.

Bradshaw & Barnett and Ralph M. Young, Florence, for appellee.

WRIGHT, Presiding Judge.

This is a workmen's compensation case. Plaintiff appeals from a judgment finding him not an employee of defendant Decatur Petroleum Haulers, Inc., hereinafter called Decatur. We reverse.

The trial court heard extensive oral testimony and made finding of facts and conclusion of law. A material part of the finding of fact appears in paragraphs 2 and 3 as follows:

'(2) The court further finds that the lease agreement between Edmonds and Decatur Petroleum provided for Edmonds to pay all costs of operating the vehicle, including the wages and other payment due by reason of owner's employment of drivers or other labor, all payroll taxes, workmen's compensation, fuel tax fees, drivers license fees, fuel, oil, gasoline, tires, parts, repair, fines or driver's salaries. That the lease further provided that the details of the operation of the leased equipment were to be vested in the driver and that Decatur Petroleum had no such authority to control except as required by law.

'(3) It's the further finding of the court that the above terms of the lease were complied with by both parties and that the owner, Edmonds, in fact paid all of the operating expenses, including the driver's salary, and that Edmonds was the party responsible for the discipline of his driver Craig.'

'. . . the court having considered this issue in light of all evidence elicited during a hearing held in open court, it is therefore, the finding of this court that Jimmy W. Craig was not an employee of defendant, Decatur Petroleum Haulers, Inc. and that therefore this defendant is not liable under the provisions of the Alabama Workmen's Compensation Act to this plaintiff.'

In a workmen's compensation case an appellate court looks at the record only to determine if the finding of fact of the trial court is supported by any legal evidence and if the law has been properly applied to the facts. Boatright v. Dothan Aviation Corporation, 278 Ala. 142, 176 S.2d 500.

We have closely examined the entire transcript of the evidence and fail to find support for some of the material facts found by the court and which were considered by the court in application of the law.

Plaintiff was injured while driving a tractor-trailer truck loaded with gasoline. The tractor was owned by Edmonds, the trailer by Decatur. The cargo of gasoline was the property of Hunt Oil Co. There was evidence that Edmonds had leased his tractor to Decatur. The written lease was not introduced in evidence. There was considerable testimony as to its provisions.

The tendency of such evidence was as follows:

Edmonds leased the tractor to Decatur; Edmonds was to furnish a driver and pay for the fuel used by the truck; the driver was to be tested and examined by Decatur to determine his capability and qualifications under rules of the Interstate Commerce Commission (ICC) and Department of Transportation (DOT); Decatur operated under ICC and DOT rules and regulations; Edmonds was to be paid 65% Of the revenue received from the operations of the tractor-trailer; trailers were the property of Decatur or others; Decatur was to carry liability insurance upon the rig.

Testimony as to the manner of operation of the parties under the lease showed the following: Plaintiff had not been an employee of Edmonds prior to the lease with Decatur; Edmonds sent him to Decatur as a prospective driver; Decatur gave him oral, written and road tests and inquired of his experience and driving record; plaintiff was returned to Edmonds with the approval of Decatur and with a recommendation as to payment for services; Decatur recommended that plaintiff be paid 20% Of gross revenue per week; plaintiff was employed and began work; he was dispatched entirely by Decatur or by others to whom Decatur may have let his services; he kept daily trip logs required by Decatur and filed them with Decatur; he was authorized to charge fuel to Decatur, which was charged back to the account of Edmonds; he was directed where and when to go entirely by Decatur; he was directed by Decatur to comply with all rules of the ICC; the tractor carried the name and ICC number of Decatur; Decatur hired out the use and services of both driver and tractor to other oil companies and distributors without permission of Edmonds. Edmonds had no voice in directing the day-to-day activities of plaintiff, and had no knowledge of where he went; if Edmonds wished to locate plaintiff during working hours, he would have to contact Decatur's dispatcher; if plaintiff violated any rules of the ICC or of Decatur, he would be discharged by Edmonds or the lease would be cancelled by Decatur; Edmonds paid plaintiff 20% According to the record of his work provided by Decatur.

Much of what we found the evidence to be in the record is contrary to the finding of fact contained in the judgment of the trial court. For instance, the court found that...

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    • October 7, 1980
    ...State, Ala.Cr.App., 376 So.2d 816 (1979); Kirkland v. State ex rel. Baxley, Ala.Civ.App., 340 So.2d 1121 (1976); cert. denied, Ala., 340 So.2d 1127 (1977); Woods v. State, 57 Ala.App. 1, 325 So.2d 517 (1975), cert. denied, 295 Ala. 430, 325 So.2d 519 (1976); and Osner v. State, 54 Ala.App. ......
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