McCurry v. Container Corp. of America

                     THE SUPREME COURT OF TENNESSEE
                               AT KNOXVILLE
                                                       FILED
                                                       October 26, 1998

                                                      Cecil W. Crowson
ROBBY McCURRY                      )
                                   )                 Appellate Court Clerk
      Plaintiff/Appellee           )   FOR PUBLICATION
                                   )
v.                                 )   FILED: OCTOBER 26, 1998
                                   )
CONTAINER CORPORATION OF           )   CAMPBELL CHANCERY
AMERICA, a Division of             )
Jefferson Smurfit                  )   Hon. Billy Joe White, Chancellor
Corporation                        )
                                   )   No. 03S01-9705-CH-00050
      Defendant/Appellant.         )
                                   )
                                   )   (Workers’ Compensation)




For the Appellant:                     For the Appellee:

Martin L. Ellis &                      David H. Dunaway
Vonda M. Laughlin                      Dunaway & Associates
Butler, Vines & Babb, P.L.L.C.         LaFollette, Tennessee
Knoxville, Tennessee




                                 OPINION


REVERSED AND DISMISSED                                           BARKER, J.
                                        OPINION



       In this workers’ compensation action, the employer, Container Corporation of

America (C.C.A.), defendant-appellant, has appealed from a judgment of the

Chancery Court of Campbell County finding the plaintiff-appellee’s injuries arose from

a work-related dispute and were thus compensable. The Special W orkers’

Compensation Appeals Panel, upon reference for findings of fact and conclusions of

law pursuant to Tenn. Code Ann. § 50-6-225 (e)(5) (Supp. 1997), affirmed the trial

court. Thereafter, C.C.A. filed a motion for full court review of the Panel’s decision

pursuant to Tenn. Code Ann. § 50-6-225(e)(5)(B)(Supp. 1997).



       We granted the appeal in this case to determine whether the appellee’s injuries

arose out of and in the course of his employment with the C.C.A. For the reasons

provided herein, we conclude that the injuries did not occur during the course of the

appellee’s employment. The decision of the Panel is reversed and the case is

dismissed.



                                    BACKGROUND



       The appellee, Robby McCurry, operated a flexo-folder gluer machine at

C.C.A.’s plant facility. He had worked for C.C.A. for seven years and was an operator

on a machine crew. Operating the gluer machine required a team effort and the

appellee was paired with several co-workers, including one Gary Woods.



       On the evening in question, the appellee, Mr. Woods, and other employees

were supposed to be working together on the gluer machine; however, the appellee

complained that Mr. Woods was not performing his job. The appellee reported the



                                            2
problem to a second shift supervisor and Mr. Woods was later reprimanded for his

deficient conduct. When Mr. Woods returned to the machine crew, he appeared

angry, but he did not threaten or harm the appellee at that time.



       The employees worked overtime that evening and completed their shift at

approximately 2:00 a.m. Mr. Woods clocked out and left the plant shortly before the

appellee and other co-workers. After the appellee clocked out, he drove his car some

eighty (80) feet from the company premises before stopping on Anderson Road to

assist a fellow employee with car trouble. As he exited his car, he noticed Mr. Woods

driving up along the roadside behind him. Mr. Woods parked his vehicle near the

appellee and asked if they could talk. The appellee agreed that they should talk

because of their problems at work. However, as he approached Mr. Woods’ vehicle,

Mr. Woods pulled out a baseball bat and began striking the appellee multiple times on

his head, knee, and the left side of his body. The appellee suffered a ruptured spleen

and severe bruising as a result of the attack.



       The record reflects that there was friction and stress inside the C.C.A. plant for

about six months before the assault. The appellee and other employees testified that

the tension was caused by their work relationship with Mr. Woods. According to

testimony at trial, Mr. Woods often listened to music through portable headphones

while on the job and would not respond when spoken to by colleagues. In addition, he

would hold up production lines by refusing to perform his work duties. The appellee

and other employees complained that Mr. W oods would lie down, perform calisthenic

exercises, and hide in the women’s bathroom to avoid doing his job. There was also

suspicion by some employees that Mr. Woods drank alcoholic beverages before and

during his work shifts.




                                            3
      The appellee and co-worker Dewey Slasher testified that the supervisors at

C.C.A. were reluctant to reprimand Mr. Woods for his deficient conduct. They

theorized that the supervisors were intimidated by Mr. W oods because of his large

stature.1 Lowell Marlow and David Brown, the second and third shift supervisors at

C.C.A., testified that they were not intimidated by Mr. Woods. Mr. Brown stated that

he frequently received complaints about various employees at the plant and did not

perceive anything unusual when the appellee complained about Mr. Woods on the

evening of the assault. Mr. Brown testified that he talked to Mr. Woods that evening

and did not notice any signs of anger or intoxication.



      Mr. Marlow, the supervisor in charge of the appellee and other second shift

employees, testified that he was unaware of any problems between the appellee and

Mr. Woods prior to the assault. He recalled that Mr. Woods had argued with the

appellee approximately two months before the incident. However, he indicated that he

would not have been afraid to reprimand Mr. Woods had he been informed of Mr.

Woods’ alleged drinking and disciplinary problems. He testified that he had not

received any complaints about Mr. Woods’ drinking on the job from either the appellee

or any other employee at C.C.A.



       The trial court found that there was friction in the workplace between Mr.

Woods and other C.C.A. employees. According to the trial court, the incident between

the appellee and Mr. Woods arose out of a work-related dispute and was a

culmination of the stress and tension at C.C.A. Therefore, although the appellee’s

injuries occurred off company time and away from company premises, the trial court

concluded that they were compensable under the Workers’ Compensation Act. The




      1
          Mr. Woods is six feet seven inches tall and 245 pounds.

                                                   4
trial court’s judgment was affirmed by the Special Workers’ Compensation Appeals Panel.



                                             DISCUSSION



       An employee’s right to recover under the Tennessee Workers’ Compensation

Act2 is based upon a finding that the employee’s personal injury arose out of and in

the course of employment. Tenn. Code Ann. § 50-6-103(a) (Supp. 1997). The

phrases “arising out of” and “in the course of employment” are not synonymous.

Woods v. Harry B. Woods Plumbing Co., 967 S.W.2d 768, 771 (Tenn. 1998). They

consist of two distinct elements with “arising out of” pertaining to the origin of the injury

and “in the course of employment” referring to the time, place, and circumstances in

which the injury occurred. McAdams v. Canale, 200 Tenn. 655, 294 S.W.2d 696, 699

(1956). Both elements must be satisfied to impose liability on the employer. Thorten

v. RCA Serv. Co., 188 Tenn. 644, 221 S.W.2d 954, 955 (1949).



       We shall first address whether the appellee’s injuries arose out of his

employment with C.C.A. The “arising out of” requirement is satisfied when the

employee’s injury has a rational connection to his or her work duties. Broden v.

Sears, 833 S.W.2d 496, 498 (Tenn. 1992). If the employee is injured from an assault,

our focus becomes whether the assault had a causal connection to the employment,

such as a dispute between employees over job performance, pay or termination. See

Woods Plumbing Co., 967 S.W.2d at 771.



       Generally, if one employee assaults another solely to gratify a personal or

private grievance, unrelated to employment, the resulting injury does not arise out of

employment within the meaning of the workers’ compensation laws. Brimhall v. Home

Ins. Co., 694 S.W.2d 931, 932 (Tenn. 1985). In appellee’s case, however, the conflict


       2
           Tenn. Code A nn. §§ 50-6-101 - 705 (Sup p. 1997).

                                                    5
between the appellee and Mr. Woods originated from their work relationship. The

record shows that Mr. Woods became angry with the appellee when the appellee

complained to supervisors about Mr. Woods’ deficient job performance. Mr. Woods

harbored his ill feelings during the remainder of the work shift and later attacked the

appellee outside of C.C.A. premises. The two had no relationship aside from being

similarly employed. We are of the opinion that the assault and resulting injuries arose

out of the appellee’s employment.



         The next question is whether the appellee was in the course of employment

when the assault occurred. In Tennessee, the general rule is that an injury received

by an employee while en route to or from work is not in the course of employment.

See Pool v. Metric Constructors, Inc., 681 S.W.2d 543, 544 (Tenn. 1984). This Court,

however, has recognized limited exceptions in cases where excursions away from the

workplace are a substantial part of the services for which the employee is hired and

compensated. See Smith v. Royal Globe Ins. Co., Inc., 551 S.W.2d 679, 681 (Tenn.

1977).



         Other exceptions to the general rule have been made in cases where

employees are injured while en route to or from the workplace, either on the

employer’s premises or between the work facility and employee parking areas. In

Lollar v. Wal-Mart Stores, Inc., 767 S.W.2d 143, 150 (Tenn. 1989), an employee was

injured when she slipped on a patch of ice in the company parking lot, after she had

clocked out and was preparing to leave work. Id. at 143. In allowing recovery, we

adopted a premises liability rule, holding that the course of employment includes both




                                            6
the time of work and a reasonable time during which the employee is on the

employer’s premises3 en route to or from the workplace. Id. at 150.



        Following Lollar, this Court had occasion to address whether the premises rule

should be extended to cover public thoroughfares that employees must use to access

company parking areas. See Copeland v. Leaf, Inc., 829 S.W.2d 140, 144 (Tenn.

1992). In Copeland, it was necessary for the plaintiff and other employees to cross a

public street, running in front of the company plant, to get to an employee parking lot.

See id. at 141. On the day in question, the plaintiff was walking across the public

street when she was knocked down and injured by a fellow employee. Id. She had

clocked out and was approaching the parking area when the injury occurred. Id.



        The Court noted that under Lollar, the plaintiff’s right to recover depended upon

whether she had reached the employee parking lot at the time of her injury. See

Copeland, 829 S.W.2d at 141. The Court stated that it would be inconsistent and

illogical under the workers’ compensation laws to deny coverage merely because the

plaintiff was on a public street and had not yet reached the company parking area. Id.

at 144. Therefore, the Court extended the premises rule to allow recovery for

employees who are injured on public thoroughfares while traveling on a necessary

route between the employer’s work facility and parking lot. Id.4




        3
          The term “prem ises” includes the entire area devoted to the employm ent by the employer,
including th e park ing lots prov ided for em ployee us e. See Lollar, 767 S.W.2d at 150; 1 Larson,
Workmen’s Compensation Law, § 15.42 (1994).

        4
          The Court noted that other jurisdictions have granted recovery under similar factual
circum stance s. See Branco v. Leviton Mfg. Co., 518 A.2d 621 (R .I. 1986); Baughman v. Eaton Corp.,
62 Oh io St. 2d 62 , 402 N.E .2d 1201 (1980); Epler v. North Am. Rockwell Corp., 482 Pa. 391, 393 A.2d
1163 (1 978); Kno op v. In dus trial C om m’n , 121 Ariz. 29 3, 589 P .2d 1325 (1978); Proctor-Silex Corp. v.
Debrick, 253 M d. 477, 25 2 A.2d 8 00 (196 9); State Compensation Ins. Fund v. Walter, 143 Colo. 549,
354 P.2 d 591 (1 960); Gaik v. National Aniline Div. Allied Chem. & Dye Corp., 5 A.D.2d 1039, 173
N.Y.S.2d 409 (19 58); Barnett v. Britling Cafeteria Co, 225 Ala. 4 62, 143 S o. 813 (1 932); Smith v.
Greenville Prods. Co., 185 M ich. App. 5 12, 462 N .W .2d 789 ( 1990); Osc ar M ayer F ood s Co rp. v. Illin ois
Indu s. Co mm ’n, 146 Ill. App. 3d 315, 99 Ill. De c. 822, 49 6 N.E.2 d 515 (1 986); West Point Pepperell, Inc.
v. McEntire, 150 G a. App. 72 8, 258 S .E.2d 53 0 (1979 ).

                                                       7
       The decision in Copeland was based in part upon our recognition that public

thoroughfares become an integral part of the employer’s premises when used by

employees as necessary routes between the work facility and the employee parking

area. See id. When employees travel on these public routes to and from work, they

are deemed to be in the course of employment even though they are not officially on

company time. The reason for this extended rule is that employers are responsible for

creating the necessity of employees encountering particular hazards while traveling

between the parking areas and the work facility.



       In this case, we find that the incident between the appellee and Mr. Woods

occurred outside the scope of employer liability as intended by the premises rule. The

appellee was injured approximately eighty (80) feet from the company premises after

he had driven away from the workplace and had stopped on a public road to assist a

fellow employee. The appellee admitted at trial that his decision to stop was personal

and not related to or required by his employer. He further stated that he had

completed his work duties and was on his way home when the injuries occurred.



       The Panel determined that the appellee’s injuries were compensable because

they occurred nearby C.C.A. premises, shortly after the appellee had completed his

work shift. The Panel held that, “[w]hen the ill will arises in the workplace and the

assault is carried out in close proximal and temporal scope to the performance of

work, as in this case, ... the injuries arise out of and in the course of employment.”



       The Panel’s decision essentially creates a “so close by rule,” requiring courts to

focus upon the degree of time and distance between work performance, the

employers’ premises, and the location of the employees’ injury. This Court has

previously rejected a similar rule, discussed in Smith v. Camel Mfg. Co., 192 Tenn.

670, 241 S.W.2d 771, 774 (1951), finding that such a rule would be difficult to apply

                                            8
uniformly and is neither contemplated by nor required under the workers’

compensation laws. Id. Following Smith v. Camel, we again decline to adopt a liability

rule that is based upon arbitrary measurements of time and distance from the

performance of work.



      We continue to follow the premises rule as adopted in Lollar and Copeland,

supra. In cases where an employee is injured while en route to or from work, the

injury is in the course of employment if it occurs on the employer’s premises or on a

necessary route between the work facility and the areas provided for employee

parking. Once the employee has exited the parking area and begins traveling on

personal time, away from the employer’s premises, he is no longer in the course of

employment.



                                    CONCLUSION



      We are mindful that the appellee suffered extensive injuries from a brutal and

senseless attack arising out of his employment with C.C.A. Nevertheless, by exiting

the work complex and stopping along a public road, the appellee was outside of

company premises and was no longer in an area of egress or ingress required by his

employer. We, therefore, conclude that his injuries were not in the course of

employment.



      Based upon the foregoing, the appellee’s injuries, although unfortunate, are not

compensable under workers’ compensation. The judgment of the Panel is reversed

and the case is dismissed, with costs of this appeal taxed to the appellee.



                                                ____________________________
                                                WILLIAM M. BARKER, JUSTICE


                                           9
CONCUR:

Drowota, Birch, Holder, JJ.;
Anderson, C.J., not participating.




                                     10
                            SUPREME COURT, KNOXVILLE




ROBBY McCURRY                             )
                                          )
       Plaintiff/Appellee                 )      CAMPBELL CHANCERY
                                          )      NO. P-13,742 Below
v.                                        )
                                          )
CONTAINER CORPORATION OF                  )      NO. 03S01-9705-CH-00050
AMERICA, a Division of                    )
Jefferson Smurfit                         )      Special Workers’ Compensation
Corporation                               )      Appeals Panel Reversed,
                                          )      Case Dismissed
       Defendant/Appellant.               )
                                          )



                                      JUDGMENT

       This case was heard upon the record on appeal from the Special Workers’

Compensation Appeals Panel, pursuant to Tenn. Code Ann. § 50-6-225(e)(5)(B)

(Supp. 1997), and in consideration thereof, this Court is of the opinion that the

appellee’s injuries did not occur during the course of his employment with the

appellant, C.C.A.



       In accordance with the opinion filed herein, it is, therefore, ordered and

adjudged that the judgment of the Panel is reversed and the case is dismissed.



       Costs of this appeal will be taxed to the appellee, Robby McCurry, for which

execution will issue if necessary.



10/26/98