Woods v. Harry B. Woods Plumbing Co., Inc.
| Court | Supreme Court of Tennessee |
| Writing for the Court | HOLDER; ANDERSON, C.J., REID, J., and TOMLIN |
| Citation | 967 S.W.2d 768 |
| Parties | Rebecca Fay WOODS, Harry B. Woods, Jr., and Shirley Ann Woods, Plaintiffs/Appellants, v. HARRY B. WOODS PLUMBING COMPANY, INC., Harpeth Construction Co., Inc., and Travelers Insurance Company, Defendants/Appellees. |
| Decision Date | 06 April 1998 |
Page 768
Woods, Plaintiffs/Appellants,
v.
HARRY B. WOODS PLUMBING COMPANY, INC., Harpeth Construction
Co., Inc., and Travelers Insurance Company,
Defendants/Appellees.
at Nashville.
Othal Smith, Jr., Nashville, for Appellants.
William G. McCaskill, Jr., Taylor, Philbin, Pigue, Marchetti & Bennett, Nashville, for Appellees, Harpeth Construction Co., Inc. and Travelers Insurance Company.
HOLDER, Justice.
We granted this workers' compensation appeal to address two issues: (1) whether the decedent's death arose out of and in the course of employment; and (2) whether the decedent was the initial aggressor; and if so, whether the aggressor doctrine precluded recovery. We find that the decedent's death arose out of and in the course of employment. As to the second issue, we hold the common law aggressor defense as it relates to workers' compensation claims under the Act is abolished in Tennessee and does not bar the decedent's recovery.
The decedent, his nephew and his son arrived at a house to perform a plumbing job. Charles Langley, Jr., was at the house performing floor renovations to the entryway when the decedent arrived. Langley had placed a sign on the front door indicating that the entryway should not be used. Langley further placed tape across the doorway between the kitchen and the entryway.
The decedent, his nephew and his son entered the house from the rear. They ducked under the tape that Langley used to cordon off the entryway and proceeded to walk across the entryway floor to gain access to the basement stairs. Langley then approached the decedent's son with a knife and threatened to kill him. The decedent and Langley had a heated exchange concerning Langley's threat to kill the decedent's son. The project supervisor intervened and was able to diffuse the situation temporarily.
The decedent, his nephew and his son left the house and walked toward their vehicles. The decedent spoke briefly with his son and then began walking toward Langley's van. The decedent apparently charged Langley and was intercepted by the project supervisor
Page 771
who again attempted to intervene. Langley, however, drew an automatic pistol and shot the decedent five times. The decedent died as a result of the gunshot wounds.The decedent's family filed for workers' compensation benefits. The trial court found that the decedent's death arose out of and in the course of his employment. The trial court, however, held that the decedent was not entitled to recover because he became the aggressor after the initial confrontation had concluded. The trial court's judgment was affirmed by a workers' compensation panel.
The Tennessee Workers' Compensation Act ("Act"), Tenn.Code Ann. § 50-6-101 et seq., provides the exclusive remedies for workers sustaining workrelated injuries. Tenn.Code Ann. § 50-6-108. An employee's right to recover under the Act requires a finding that the injury arose "out of and in the course of employment." Tenn.Code Ann. § 50-6-102(5). The phrases "arising out of" and "in the course of" employment comprise two separate requirements. The phrase "in the course of" refers to the time, place and circumstances under which the injury occurred. McAdams v. Canale, 200 Tenn. 655, 294 S.W.2d 696, 699 (1956). The phrase "arising out of" refers to an injury's origin. Id.
The "course of employment" requirement is satisfied when an injury occurs within the time and place limitations of the employment relationship and during an activity that had some connection with the employee's job-related functions. The decedent had arrived at a job site where a dwelling was being renovated. He entered the dwelling at which he was to perform a plumbing job. Langley was a worker present in the dwelling when the decedent arrived. The decedent, his son and his nephew walked across a floor that Langley was renovating to gain access to the basement. Langley became irate and threatened to kill the decedent's son with a carpentry knife. The confrontation ensued until the decedent was shot at the job site outside of the dwelling. Accordingly, the decedent's death occurred during the course of the decedent's employment.
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State v. Carruthers
...deprivation constituted prejudice to the judicial process, this Court reversed his conviction and remanded for a new trial. See Muse, 967 S.W.2d at 768. For purposes of this appeal, we have accepted Carruthers' contention that he had both a constitutional right to be present and a right to ......
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Doe v. Matthew 25, Inc., Case No. 3:18-cv-00295
...assaults may or may not be compensable depending on the facts and circumstances of the employment. Woods v. Harry B. Woods Plumbing Co. , 967 S.W.2d 768, 771 (Tenn. 1998) (internal citations omitted). Applying the same principles, the Tennessee Supreme Court has held that, generally speakin......
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Nye v. Bayer Cropscience, Inc., No. E2008-01596-COA-R3-CV (Tenn. App. 10/14/2009), No. E2008-01596-COA-R3-CV.
...of workers' compensation is to afford benefits for job-related injuries regardless of fault. Woods v. Harry B. Woods Plumbing Co., 967 S. W.2d 768, 772 (Tenn.1998); see also Tenn. Code Ann. § 50-6-103 (1999). Based upon a mutual renunciation of common law rights and defenses, see Woods, 967......
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PADILLA v. TWIN City FIRE Ins. Co., No. M2008-02489-SC-WCM-WC.
...as random assaults on employees by individuals 324 S.W.3d 512outside the employment relationship. Woods v. Harry B. Woods Plumbing Co., 967 S.W.2d 768, 771 (Tenn.1998) (footnote added). Assaults falling into the first category are compensable. Wait v. Travelers Indem. Co. of Ill., 240 S.W.3......
-
State v. Carruthers
...deprivation constituted prejudice to the judicial process, this Court reversed his conviction and remanded for a new trial. See Muse, 967 S.W.2d at 768. For purposes of this appeal, we have accepted Carruthers' contention that he had both a constitutional right to be present and a right to ......
-
Doe v. Matthew 25, Inc., Case No. 3:18-cv-00295
...assaults may or may not be compensable depending on the facts and circumstances of the employment. Woods v. Harry B. Woods Plumbing Co. , 967 S.W.2d 768, 771 (Tenn. 1998) (internal citations omitted). Applying the same principles, the Tennessee Supreme Court has held that, generally speakin......
-
Nye v. Bayer Cropscience, Inc., No. E2008-01596-COA-R3-CV (Tenn. App. 10/14/2009), No. E2008-01596-COA-R3-CV.
...of workers' compensation is to afford benefits for job-related injuries regardless of fault. Woods v. Harry B. Woods Plumbing Co., 967 S. W.2d 768, 772 (Tenn.1998); see also Tenn. Code Ann. § 50-6-103 (1999). Based upon a mutual renunciation of common law rights and defenses, see Woods, 967......
-
PADILLA v. TWIN City FIRE Ins. Co., No. M2008-02489-SC-WCM-WC.
...as random assaults on employees by individuals 324 S.W.3d 512outside the employment relationship. Woods v. Harry B. Woods Plumbing Co., 967 S.W.2d 768, 771 (Tenn.1998) (footnote added). Assaults falling into the first category are compensable. Wait v. Travelers Indem. Co. of Ill., 240 S.W.3......