Johnson v. McGehee Bros. Furniture Co.
| Decision Date | 20 December 1971 |
| Docket Number | No. 8611,8611 |
| Citation | 256 So.2d 741 |
| Parties | Mary Lou Mire JOHNSON v. McGEHEE BROTHERS FURNITURE COMPANY et al. |
| Court | Court of Appeal of Louisiana — District of US |
Philip E. Henderson, of O'Neal, Henderson, Hanemann & Morris, Houma, for appellant.
Robert L. Kleinpeter, Baton Rouge, for appellees.
Before LANDRY, BLANCHE and TUCKER, JJ.
Plaintiff, as the surviving dependent widow of James R. Johnson, and on behalf of the minor children born issue of her marriage with the late James R. Johnson, filed this suit for workmen's compensation death benefits against McGehee Brothers Furniture Company, the employer of her late husband, and Aetna Insurance Company, the workmen's compensation insurer. From a judgment dismissing plaintiff's suit, she perfected this appeal. Finding no manifest error committed by the trial judge, we affirm.
The record shows that the late James R. Johnson (hereinafter referred to as 'Employee') was employed by McGehee Brothers Furniture Company of Baton Rouge, Louisiana, (hereinafter referred to as 'Employer') as a rural route salesman and bill collector. Employee was furnished a vehicle by Employer which was used in connection with his soliciting sales on behalf of Employer, delivering sold merchandise to the rural customers and the performance of other duties of employment such as collecting accounts. Employee lived in Plaquemine, Louisiana, and he was not required to return the vehicle from his rural route located primarily in Ascension Parish but instead was authorized and permitted to utilize the vehicle and to return directly to his home in Plaquemine upon completion of his employment duties. The record also shows that Employee was not given any specified or designated hours of employment and was given wide discretion with regard to the use of the vehicle.
Employee was seen at Amedee's Cafe in St. Gabriel, Louisiana, between the hours of $8:00 P.M. and 8:30 P.M. on the evening of December 15, 1966. Employee was subsequently seen at a bar called The Country Place between the hours of 10:00 P.M. on December 15, 1966, and 12:30 A.M. on the morning of December 16, 1966. The record shows that in order for Employee to go to The Country Place it was necessary that he leave the River Road, which was the road Employee would take on his way home to Plaquemine. Employee was found dead in the Employer's vehicle which had left the road and crashed into a tree, the estimated time of the accident being 1:00 A .M. on December 16, 1966. At this time Employee was proceeding in a northerly direction along the River Road, that is, in the direction of his home.
The crucial issue of this litigation is whether Employee can properly be held to have been in the course and scope of his employment at the time of the fatal accident. Defendants contend that Employee was engaged on a personal mission outside of the course and scope of his employment, with the result that no workmen's compensation death benefits are due. Plaintiff contends, however, that assuming Employee had been engaged on a personal mission, he had reentered the course and scope of his employment at the time of the fatal accident by virtue of his traveling in the direction of his home.
We are unable to agree with the arguments proffered by counsel for plaintiff to the effect that the mere fact that Employee was apparently returning home at 1:00 A.M. after having been drinking at a bar, justifies or warrants imposition of liability for workmen's compensation death benefits under the facts of this case.
The applicable standard to be applied in determining whether an accident and resulting injuries or death arise out of and in the course and scope of employment was summarized by the Louisiana Supreme Court in Kern v. Southport Mill, 174 La. 432, 141 So. 19 (1932), as follows:
'In determining, therefore, whether an accident 'arose out of' the employment it is necessary to consider only this: (1) Was the employee then engaged about his employer's business and not...
To continue reading
Request your trial
-
Bush v. Parmenter, Forsythe, Rude & Dethmers
...following several business-related calls held to be a substantial deviation ending course of employment); Johnson v. McGehee Brothers Furniture Co., 256 So.2d 741 (La.App.1972) (salesman, who had no fixed work hours, killed in company car at 1 a.m. while driving home after five hours at a c......
-
Carter v. Burn Const. Co., Inc.
...of employment and an injury occurring after this does not arise out of or in the course of his employment. Johnson v. McGehee Brothers Furniture Company, 256 So.2d 741 (La.App.1972); Alford v. Quality Chevrolet Co., 246 N.C. 214, 97 S.E.2d 869 (1957); Dooley v. Smith's Transfer Co., 57 A.2d......
-
Calloway v. State Workmen's Compensation Com'r
...Co. v. Garren, 239 So.2d 497 (Fla.1970); Aaron v. Industrial Commission, 59 Ill.2d 267, 319 N.E.2d 820 (1974); Johnson v. McGehee Bros. Furniture Co., 256 So.2d 741 (La.App.1971); Hebrank v. Parsons, Brinckerhoff, Hall & MacDonald, 88 N.J.Super. 406, 212 A.2d 579 (1965); Carter v. Burn Cons......
-
Minor v. U.S. Fidelity & Guaranty Ins. Co.
...jurisprudence. La.R.S. 23:1031 and 1221; Kern v. Southport Mill, 174 La. 432, 141 So. 19 (1932); Johnson v. McGehee Brothers Furniture Company, 256 So.2d 741 (La.App. 1st Cir. 1971), writ refused 260 La. 1132, 258 So.2d 380; Denoux v. Hartford Accident & Indemnity Company, 336 So.2d 268 (La......