True v. Longchamps, Inc.
| Decision Date | 24 August 1976 |
| Citation | 370 A.2d 1018,171 Conn. 476 |
| Court | Connecticut Supreme Court |
| Parties | Lynn A. TRUE et al. v. LONGCHAMPS, INC., et al. |
Justin J. Donnelly, Sr., Bloomfield, for appellants (plaintiffs).
Edward D. O'Brien, Jr., Hartford, for appellee (defendant).
Before HOUSE, C.J., and LOISELLE, BOGDANSKI, LONGO and BARBER, JJ.
The plaintiffs, who are the widow and minor children of Richard S. True, Jr., appealed to the Court of Common Pleas from a finding and award of the workmen's compensation commissioner in favor of the defendant employer. From a judgment dismissing their appeal, they have appealed to this court. The principal issue raised is whether the commissioner was correct in concluding that True's death did not arise in the course of or out of his employment with the defendant.
The commissioner found that True was employed by the defendant as the manager of a Steak and Brew Restaurant, with the authority to hire and fire staff personnel. On September 23, 1970, True met with Jeffrey O'Donnell for lunch at about 12:30 at the Pettibone Tavern in Simbury and offered O'Donnell a job as a chef at the Steak and Brew Restaurant, which offer O'Donnell declined. At some time after 2:30 that afternoon, True and O'Donnell left the Pettibone Tavern and drove in True's automobile to the Rosewood Resturant, also in Simsbury, where True engaged in small talk about the restaurant business with first the owner and then the manager of the Rosewood. While at lunch, and while conversing at the Rosewood, both True and O'Donnell had some alcoholic drinks. At about 4:30 p.m., True and O'Donnell left the Rosewood Restaurant and, after stopping briefly to speak with a mutual acquaintance at Mitchell Motors almost directly across the street from the Rosewood Restaurant, drove only a short distance before their automobile left the highway and struck a utility pole. True died as a result of injuries received in the collision. On the basis of those facts, the commissioner found that True was not acting within the scope of his employment from the time he left the Pettibone Tavern until the time of the accident, and he therefore dismissed the plaintiffs' claim for compensation.
The plaintiffs' first claim on appeal is that the court erred in failing to correct the commissioner's finding by adding to that finding several facts which allegedly were established by testimony before the commissioner and which are claimed to support the plaintiffs' contention that True was acting within the scope of his employment at the time of the fatal accident. The proposed corrections include the fact that after leaving the Pettibone Tavern the decedent tried to convince O'Donnell to accept his offer of employment; that while at the Rosewood Resturant the decedent telephoned his assistant manager and told him to open the Steak and Brew Restaurant; and that when the accident occurred the decedent and O'Donnell were traveling in the direction of the Steak and Brew Resturant. A review of the evidence certified and made part of the record discloses that the court did not err in refusing to correct the finding....
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Morin v. Lemieux
...when it is sustained by an employee on a public highway while traveling to or from his place of employment. True v. Longchamps, Inc., 171 Conn. 476, 478, 370 A.2d 1018 (1976); Dombach v. Olkon Corporation, supra, 163 Conn. 222, 302 A.2d 270; Katz v. Katz, supra, 137 Conn. 138, 75 A.2d 57; F......
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McNamara v. Hamden
...types, because in the going and coming cases the injury has not occurred on the premises of the employer. See True v. Longchamps, Inc., 171 Conn. 476, 478-79, 370 A.2d 1018 (1976); Dombach v. Olkon Corporation, 163 Conn. 216, 222, 302 A.2d 270 (1972). Therefore, the need arose to reach out ......
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Calloway v. State Workmen's Compensation Com'r
...received, even though he has ceased the deviation and is returning to the business route or purpose. See, e. g., True v. Longchamps, Inc., 171 Conn. 476, 370 A.2d 1018 (1976); Central Air Conditioning Co. v. Garren, 239 So.2d 497 (Fla.1970); Aaron v. Industrial Commission, 59 Ill.2d 267, 31......
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Kolomiets v. Syncor International Corp.
...by an employee on a public highway while traveling to or from his place of employment is not compensable." True v. Longchamps, Inc., 171 Conn. 476, 478, 370 A.2d 1018 (1976). The defendant claims that, in order for the plaintiffs injuries to be compensable, his trip would have had to come u......