Howell v. Kash & Karry, 20013
| Decision Date | 14 May 1975 |
| Docket Number | No. 20013,20013 |
| Citation | 264 S.C. 298,214 S.E.2d 821 |
| Court | South Carolina Supreme Court |
| Parties | James HOWELL, Respondent, v. KASH & KARRY, and Harleysville Mutual Casualty Company, Appellants. |
Duke K. McCall, Jr., Leatherwood, Walker, Todd & Mann, Greenville, for appellants.
Richard J. Foster, Foster & Poteat, Greenville, and Alexander M. Sanders, Jr., Columbia, for respondent.
This is a workmen's compensation case wherein the employer and carrier appeal from an order of the circuit court affirming an award of compensation by the Industrial Commission. The facts of the case, as clearly established by the evidence, and/or readily inferable therefrom, are as follows. The employer, Kash and Karry, operates a very large supermarket at the intersection of Buncombe Road and Mulberry Street in Greenville, South Carolina. It maintains a parking lot for its customers across Buncombe Road and another across Mulberry Street from the actual store.
While traffic upon the sidewalks, immediately adjacent to Kash and Karry, is not restricted solely to its customers, pedestrian traffic is primarily composed of customers of Kash and Karry going to the store and back to the parking lots with grocery carts, the carts of Kash and Karry being frequently parked on the sidewalks themselves.
The claimant, Howell, was a regular employee of Kash and Karry as a checking clerk and stockboy. On the night of December 30, 1971, at about 8:00 p.m., he was sent to the parking lot across Mulberry Street to retrieve a number of gliders or carts. As he was returning to the store Mrs. Clara Belk and her sister were on the Mulberry Street sidewalk approaching the entrance to Kash and Karry, which was immediately around the corner from them on Bumcombe Road. Two small boys snatched the purse of Mrs. Belk and Howell gave chase in an effort to overtake the boys and retrieve Mrs. Belk's purse. In doing so he ran into a low fence, fell and broke his arm.
Mrs. Belk and her sister had parked in the Mulberry Street parking lot immediately prior to the altercation and were on their way to Kash and Karry for the purpose of grocery shopping, where Mrs. Belk, at least, had previously shopped and she was familiar with its store and parking lot. They had parked in the parking lot for no other purpose than to enter Kash and Karry. The purse snatchers got all the money that either Mrs. Belk or her sister had to shop with so that they were unable to pursue the intended grocery shopping. There is no contention that it was a part of Howell's regular duties to protect the customers or their property, and no evidence to the effect that Howell, in fact, knew Mrs. Belk or that she was a customer. The circumstances reflected by the evidence, however, are such as would have led Howell or any other reasonable person to believe that Mrs. Belk was at least most probably a customer of Kash and Karry, if under the circumstances of the emergency, he had taken time to reflect...
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Hall v. Desert Aire, Inc.
...thereby furthered, is within the course of employment." Grant, 372 S.C. at 202, 641 S.E.2d at 871-72 (citing Howell v. Kash & Karry, 264 S.C. 298, 301, 214 S.E.2d 821, 822 (1975)). It is well settled that "traveling employees are generally within the course of their employment from the time......
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Osteen v. Greenville County School Dist.
...we have allowed compensation, even though the activity was not specifically required by the employment. E.g., Howell v. Kash & Karry, 264 S.C. 298, 214 S.E.2d 821 (1975) (found compensable where employee was injured while chasing two boys who had stolen a customer's purse); Sexton v. Freema......
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Pratt v. Morris Roofing, Inc.
...Id. He was thus not entitled to Workers' Compensation benefits. Pratt invites the Court's attention to Howell v. Kash & Karry, 264 S.C. 298, 214 S.E.2d 821 (1975). In Howell, the Court affirmed an award of compensation to a grocery store bag boy who injured himself while chasing someone who......
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Broughton v. South of the Border, 3024.
...rescue or sudden emergency has been recognized as bringing an accident within the course of employment. See, e.g., Howell v. Kash & Karry, 264 S.C. 298, 214 S.E.2d 821 (1975). In Howell, the Court found claimant, a grocery store stock boy, within the course of his employment when he injured......