Johnson v. Koffee Kettle Restaurant
| Citation | 125 So.2d 297 |
| Parties | Joseph Lee JOHNSON, Deceased, Cecelia Elizabeth Johnson, Minor Daughter, Joseph Lee Johnson, Jr., Minor Son, Petitioners, v. KOFFEE KETTLE RESTAURANT, Iowa National Mutual Insurance Co., and Florida Industrial Commission, Respondents. |
| Decision Date | 18 November 1960 |
| Court | Florida Supreme Court |
William T. Quick of Monast, Sladon & Quick, Fort Lauderdale, for petitioners.
Ronald A. Fitzgerald of Fleming, O'Bryan & Fleming, Fort Lauderdale, Burnis T. Coleman and Paul E. Speh, Tallahassee, for respondents.
April 18, 1959, Joseph Lee Johnson was struck by an automobile while crossing State Road 7, in West Hollywood, Broward County, Florida. He died about three hours later as the result of injuries received in the accident. At the time of his death he was an employee of Koffee Kettle Restaurant located on the opposite side of the road or street near where he was struck. He was employed as handyman by said restaurant, had an apartment in and lived there, his hours being from 4:30 a. m. to 9 p. m., or at such time as he finished his duties in the evening.
The restaurant was operated by Edward R. Johnson, a cousin of the deceased. About twenty minutes of nine p. m., April 18, 1959, Joseph Lee Johnson left the restaurant in the presence of his employer, stating to him, 'I will be back in a couple of minutes.' He was knocked down and killed as he crossed the road. Joseph Lee Johnson, Jr., and Cecelia Elizabeth Johnson, minor children of the deceased, seasonably filed claim for benefits which came on for hearing before the deputy commissioner at Fort Lauderdale, October 1, 1959, resulting in a judgment holding the said claims compensable and awarding judgment in favor of the minor children. In application for review before the full commission, the judgment of the deputy commissioner was reversed, one member of the commission dissenting. We are confronted with an appeal by certiorari to review and quash the order of the full commission.
The question presented for our determination is whether or not after imposing the 'presumption' contained in § 440.26, Florida Statutes, F.S.A., the injury and death of Joseph Lee Johnson arose out of and in the course of his employment.
The deputy commissioner found that the claimants, Cecelia Elizabeth Johnson and Joseph Lee Johnson, Jr., were the minor children of Joseph Lee Johnson, the deceased; that Joseph Lee Johnson was struck by an automobile and injured April 18, 1959, and died on the same date as the result of said injury; that decedent was employed at Koffee Kettle Restaurant at the time he was killed and that his working hours were from 4:30 a. m. to 9 p. m., or until such time in the evening as he was through with his work for the day. On the date of the accident, about 8:45 p. m., before completing the day's work, decedent left the restaurant in the presence of his employer, at the time commenting to him that he would be back in a minute. As the decedent crossed the highway he was struck by an automobile and received multiple injuries which caused his death approximately three hours later. It is argued on behalf of his minor children that he was on an errand for his employer. The carrier urges that decedent left his work and probably was on his way to a bar located across the road or street. The deputy found that in the past the decedent, in the course of his employment, had left the premises on many occasions to obtain items for the restaurant such as soap, cleaners and bread, and that after having obtained same, he presented a bill to his employer and received reimbursement; that this was the practice that had continued virtually from the time decedent became employed at the Koffee Kettle Restaurant. The deputy further found that decedent was killed during ordinary working hours; that his death was accidental, as a result of being struck by an automobile; that across the street and slightly southward thereof is located a grocery store which remained open until approximately 11 p. m., or 12 a. m.; that in the past claimant had obtained products at the grocery store which were used at the restaurant; that certain testimony established that there was the smell of alcohol upon the breath of decedent, however, the extent to which, if any, decedent was affected by such alcohol is absolutely wanting, and there is no testimony or evidence to indicate that the alcohol was the proximate cause of the injury to decedent. The deputy commissioner further found that the decedent was injured as a result of an accident which occurred in the course of his employent.
The deputy commissioner also found that at the time of the accident decedent was being paid a weekly wage of $40, plus room and board which the undersigned finds to be of the value of $20 per week, making a total average weekly wage of $60. The deputy also found that deceased is survived by two minor children, Joseph Lee Johnson, Jr., and Cecelia Elizabeth Johnson, who are, at the present, residing with their mother, Sadie Collins White. The mother of claimant children has...
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Ullman v. City of Tampa Parks Dept.
...in which the supreme court observed, "the fact of a serious injury is conclusively shown." See also, Johnson v. Koffee Kettle Restaurant, 125 So.2d 297, 299 (Fla.1960) ("... when an injury is conclusively shown ..."). The doctrine upon which Ullman relies would betray its very name, were we......
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Bray v. Electronic Door-Lift, Inc.
...that the claimant was engaged in the employer's business at the time of the accident resulting in injury. Johnson v. Koffee Kettle Restaurant, 125 So.2d 297, 299 (Fla.1960); Jones v. Citrus Central, Inc., 537 So.2d 1123, 1125 (Fla. 1st DCA 1989). However, a claimant is not bound by the prep......
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Schafrath v. Marco Bay Resort, Ltd.
...1125-26 (Fla. 1st DCA 1989), wherein we quoted at length from the supreme court's exposition on that subject in Johnson v. Koffee Kettle Restaurant, 125 So.2d 297, 299 (Fla.1960). It is well to recall again the essence of that discussion and the distinctions made by the supreme court betwee......
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Alston v. Etcetera Janitorial Services
...as to invoke the doctrine in accordance with Schafrath v. Marco Bay Resort, 608 So.2d 97 (Fla. 1st DCA 1992), and Johnson v. Koffee Kettle Restaurant, 125 So.2d 297 (Fla.1960). But while the broad language in Schafrath and Johnson addressed the burden of proof which generally pertains in wo......