Young v. Mutual Sav. Life Ins. Co.

• Decision Date: 01 March 1989
• Citation: 541 So.2d 24
• Parties: Washington M. YOUNG v. MUTUAL SAVINGS LIFE INSURANCE COMPANY. Civ. 6734.
• Court: Alabama Court of Civil Appeals

Page 24

541 So.2d 24

Washington M. YOUNG v. MUTUAL SAVINGS LIFE INSURANCE COMPANY.

Civ. 6734.

Court of Civil Appeals of Alabama.

March 1, 1989.

Michael J. Bernauer, Florence, for appellant.

A. Stewart O'Bannon III of O'Bannon & O'Bannon, Florence, for appellee.

INGRAM, Judge.

The claimant, Washington M. Young, appeals from a decision in favor of his employer, Mutual Savings Life Insurance Company (Mutual Savings). On June 29, 1987, the claimant, a traveling salesman, sustained an injury while on his lunch break. Two months later, he filed a workmen's compensation suit against Mutual Savings, seeking to recover benefits for this injury. Subsequently, on August 28, 1987, Mutual Savings moved for summary judgment, alleging (1) that there was no genuine issue of material fact and (2) that the claimant's injury did not arise out of or in the course of his employment, pursuant to § 25-5-31, Ala.Code 1975 (1986 Repl.Vol.). After considering the pleadings and the deposition of the claimant, the trial court granted Mutual Savings' motion for summary judgment.

Summary judgment may be granted only when there is no genuine issue of material fact and the movant is entitled to judgment as a matter of law. Town of Mulga v. Town of Maytown, 502 So.2d 731 (Ala.1987). The question before us is essentially one of law, since the claimant concedes that the facts are without dispute.

The dispositive issue on appeal is whether the coverage of Alabama's workmen's compensation act extends to the injury sustained by the claimant during his lunch break. Benefits are available under our workmen's compensation law only when an employee's injury arises out of and in the course of his employment. We would note, however, that whether an employee's injury arises out of and in the course of employment depends upon the facts and circumstances of each particular case. Moesch v. Baldwin County Electric Membership Corp., 479 So.2d 1271 (Ala.Civ.App.1985). We are, thus, called upon to determine whether the trial court correctly applied the law to the facts when it granted Mutual Savings' motion for summary judgment.

At the time of the accident, the claimant had been employed by Mutual Savings approximately nine years as an insurance salesman and premium collector. His job required him to make regular house calls on a number of Mutual Savings policyholders for the purpose of collecting premiums due. His job also required him to sell additional policies. He was not confined to a particular area or route, but could sell anywhere he was willing to service.

The claimant would check in with Mutual Savings' office in Florence each morning at 8:00 and begin his route around 9:00 a.m. After completing his route, he would return to his house. He was not required to check in with the office after beginning his route. Money collected would be turned in at 8:00 in the downtown office the following morning.

The claimant would customarily eat lunch "wherever [he] happened to be" when he became hungry. When he was in the vicinity of Florence, he would generally eat a sack lunch at the office. On the day of the accident, he was ten to twelve miles outside of Florence when he decided to eat lunch. Instead of driving back into Florence, he parked his car on the shoulder of a gravel road in the shade of a large tree. According to the claimant, this was a half-way point along his route and, thus, a convenient place to stop. He stated that he had eaten lunch at this spot on numerous occasions. He conducted no business during this lunch break. After eating lunch, the claimant got out of his car to stretch his legs. At this point it appears he saw some "real ripe" blackberries across the road. Crossing the road to take a closer look, he subsequently fell into a shallow ditch running parallel to the road. This fall resulted in the injuries for which he is now seeking compensation. Despite his injuries, the claimant made two more business stops along his route before he arrived at his house.

In order for an injury to an employee to be compensable, the accident causing the injury must occur in the course of employment and arise out of his employment. The phrase "in the course of" refers to the time, place, and conditions under which the accident took place. The phrase "arising out of" refers to a causal connection between the employee's work and injury. Wiregrass Comprehensive Mental Health Clinic v. Price, 366 So.2d 725 (Ala.Civ.App.1978).

We have held that accidents occurring on the employer's premises during an employee's regular lunch break occur in the course of employment. Gold Kist, Inc. v. Jones, 537 So.2d 39 (Ala.Civ.App.1988). According to Professor Larson, the term "premises" "includes the entire area devoted by the...