Gorings v. Edwards

• Decision Date: 05 May 1969
• Docket Number: 3384,Nos. 3383,s. 3383
• Citation: 222 So.2d 530
• Parties: George GORINGS v. Leo Ernest EDWARDS. George GORINGS v. AMERICAN SUGAR REFINING COMPANY.
• Court: Court of Appeal of Louisiana — District of US

Page 530

222 So.2d 530

George GORINGS v. Leo Ernest EDWARDS.

George GORINGS v. AMERICAN SUGAR REFINING COMPANY.

Nos. 3383, 3384.

Court of Appeal of Louisiana, Fourth Circuit.

May 5, 1969.

Rehearings Denied June 2, 1969.

Smith, Scheuermann & Jones, Arthel J. Scheuermann, New Orleans, for plaintiff-appellee.

Chaffe, McCall, Phillips, Burke, Toler & Sarpy, George A. Kimball, Jr., and Peter A. Feringa, Jr., New Orleans, for American Sugar Refining Co., defendant-appellant.

Before SAMUEL, HALL and BARNETTE, JJ.

HALL, Judge.

At about 6:30 A.M. on October 3, 1963 George Gorings, an hourly paid laborer employed by American Sugar Refining Company, was proceeding along a company owned and controlled roadway on his way to punch the time clock for the 7:00 A.M. shift when he was attacked with a claw hammer by Leo Ernest Edwards as the result of which plaintiff suffered permanent damage to his left eye and other injuries.

On August 6, 1964 Gorings filed a tort suit (out No. 3383) against Edwards and subsequently by supplemental petition made American Sugar Refining Company a codefendant therein as a joint tort feasor.

On October 2, 1964 Gorings filed suit (out No. 3384) for workmen's compensation against American Sugar Refining Company.

American Sugar Refining Company intervened in the tort suit for reimbursement of the amount of any compensation it might be required to pay Gorings, and also filed a third-party petition in the compensation suit seeking indemnification against Edwards in the amount of any judgment which might be rendered against it therein.

The two suits were consolidated for trial which resulted in the rendition of a single judgment:

a) In favor of plaintiff against American Sugar Refining Company for workmen's compensation at the rate of $35.00 per week for 100 weeks commencing October 3, 1963 plus interest from due dates until paid, and a further judgment in plaintiff's favor for medical expenses in the amount of $979.85 and for costs;

b) in favor of plaintiff against Leo Ernest Edwards for damages in the sum of $8,000.00 plus interest and costs and in favor of American Sugar Refining Company, plaintiff in intervention, for the amount it was cast for workmen's compensation and medical expenses. Plaintiff's suit against American Sugar Refining Company as a joint tort-feasor was dismissed.

American Sugar Refining Company appealed from the workmen's compensation judgment rendered against it. There were no other appeals nor answers to the appeal.

The sole issues are whether plaintiff was injured In the course of his employment within the meaning of LSA-R.S. 23:1031 and whether plaintiff's injuries Arose out of his employment within the meaning of that section of the Revised Statutes.

There is no serious dispute relative to the facts.

Plaintiff was employed as an hourly paid laborer at the American Sugar Refining Company's refinery at Chalmette, Louisiana. He was married and lived with his wife and children in New Orleans. Several months before the date of his injury he had met Helen Edwards, wife of Leo Ernest Edwards, and had developed a close relationship with her which quickly became an illicit romance. During these months Leo Edwards was confined to the Veterans Hospital at Alexandria. Neither Helen Edwards nor her husband, Leo, were or ever had been employed at the American Sugar Refining Company.

On the morning of October 3, 1963 after having picked up Helen Edwards and dropping her off at work in New Orleans, plaintiff drove his automobile to the American Sugar Refinery and parked it in the parking lot provided for the hourly paid employees. While plaintiff was walking from the lot down a roadway to reach the turnstile through which all employees must pass to punch the time clock, Leo Edwards (who while in the hospital had learned of plaintiff's affair with his wife and who had just returned to New Orleans) accosted plaintiff and attacked him with a claw hammer. As a result of the attack plaintiff suffered an eye injury described as a dislocated lens with secondary glaucoma and iritis, and other injuries not at issue.

Edwards had been released from the hospital and had returned to New Orleans just the night before his assault upon plaintiff. It is apparent from his testimony that all he knew about the plaintiff, Gorings, was his name, the type and color of his car and that Gorings worked at the American Sugar Refinery. There is nothing in the record to indicate that he knew where Gorings lived, the places he frequented or even what he looked like. Edwards testified that his contact with Gorings came about as follows: He spent the night of his return at his home. The next morning while walking to church he was picked up by a friend who was going that way. While riding with his friend he happened to see his wife in a car ahead of them and watched her as she got out of the car at her place of employment and kissed the driver goodby. Wishing to follow this car he asked his friend to drive him to the river and then to the Chalmette slip on the pretext that he wished to see how the fishing was, the slip being his favorite fishing spot . They arrived at the main gate of the refinery just as the occupant of the car he was following entered the refinery parking lot. He grabbed what he thought was a piece of wood but which turned out to be a claw hammer, got out of his friend's car and started walking toward the parking lot just as plaintiff left the parking lot on his way to the main gate. When they met he asked if that was Gorings and then struck him several times with the hammer rendering him unconscious.

The attack took place at approximately 6:30 A.M. as plaintiff was on his way to punch in for the 7:00 A.M. shift. It was the custom of the sugar company to permit its employees to begin punching in at 6:30 A.M. and most of them did so.

The roadway where the attack took place is owned and controlled by the American Sugar Refining Company. The Only way to get from the company owned parking lot into the refinery itself is to proceed down this roadway to the main gate, enter the main gate which fronts on this road, and proceed past the guard to the time clock. There is a fence surrounding the actual working premises of the refinery so that the main gate is the only entrance and exit to the refinery itself. The attack upon plaintiff took place approximately half way between the parking lot and the main gate.

Although defendant's counsel admits that the sugar refinery owns the land over which the road on which the accident occurred runs, he argues that it is open to the public and is merely an extension of the so-called River Road which runs between Arabi and Chalmette. However the record reveals that the road is entirely under the control of the sugar refinery, is policed by it and is closed at times. Only occasionally do other than refinery cars pass along the road.

The Trial Judge rendered written 'Reasons for Judgment' as follows:

'The Court finds the accidental injury plaintiff suffered arose in the course and scope of his employment. He was, at the time of his injury, on company property walking away from a company owned parking lot along a company owned roadway within the grounds or premises of the company plant on his way to punch the time clock. When the plaintiff reached a point about midway between the parking lot and the time clock, he was acosted (sic) and injured by the defendant, Edwards, who, although not an employee of the defendant company, had been allowed to enter the company premises. Our Workmen's Compensation Statute envisions an extension of coverage to employees from the time they reach their employer's premises until they leave. Carter vs. Lanzetta (249 La. 1098), 193 So.2d 259 (1966), Southern Stevedoring Co. vs. Henderson, 175 F.2d 863 (1949), Baker vs. Texas Pipe Line Co., 5 La.App. 25. See also Nesmith vs. Reich Bros., 14 So.2d 767 (1943), Walker vs. Lykes Bros.-Ripley SS Co., 166 So. 624 (1936).

'The present facts also clearly meet the tests set forth in the following cases: Powell vs. Gold Crown Stamp Co., 204 So.2d 61, Livingston vs. Henry & Hall, 59 So.2d 892; William vs. U.S. Casualty Co., 145 So.2d 592; Rogers vs. Aetna Casualty Co., 173 So.2d 231; Kern vs. Southport Mills (174 La. 432), 141 So. 19 (1932).'

In order for an injured employee to be entitled to workmen's compensation benefits it is necessary that the injury Arise out of and In the course of his employment. LSA-R.S. 23:1031. The terms 'arising out of' and 'in the course of' are not synonymous. Myers v. Louisiana Ry. & Nav. Co., 140 La. 937, 74 So. 256; Kern v. Southport Mill, Limited, 174 La. 432, 141 So. 19; LeCompte v. Kay, 156 So.2d 75, writs refused, 245 La. 91, 157 So.2d 233.

'* * * As indicated previously the terms Arising out of and In the course of are not synonymous. The former suggests an inquiry into the character or origin of the risk, while...