Adair v. Metropolitan Building Co

196 N.W.2d 335, 38 Mich. App. 393, 1972 Mich. App. LEXIS 1661
CourtMichigan Court of Appeals
DecidedFebruary 22, 1972
DocketDocket 10132
StatusPublished
Cited by27 cases

This text of 196 N.W.2d 335 (Adair v. Metropolitan Building Co) is published on Counsel Stack Legal Research, covering Michigan Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Adair v. Metropolitan Building Co, 196 N.W.2d 335, 38 Mich. App. 393, 1972 Mich. App. LEXIS 1661 (Mich. Ct. App. 1972).

Opinion

Targonski, J.

Plaintiff was employed by defendant * 1 as a building superintendent of the Metropolitan *395 Building, an office building in the City of Flint. Plaintiff, his wife, and son lived in the building in a five-room apartment which defendant provided.

Plaintiff was required to be on call, more or less, 24 hours per day for security purposes. His duties were to supervise and direct the independent maintenance firm which was employed by defendant to clean the building. Plaintiff was also required to see that the doors of the building were locked at night and unlocked in the morning. He was required to inspect the work after the independent cleaning contractors left the building. He was hired to be there in case of an emergency and to take whatever steps would be necessary in an emergency to' protect loss to the building.

A residential manager was employed by defendant who took care of leases, book work, and hiring for the building. The heating system and elevators in the building were automatic and were maintained under a contract with an outside firm. Major electrical and plumbing work was done under contract with outside tradesmen. Plaintiff was not required to do any physical work in the building. Physical work was either done by other employees of defendant or was contracted out. In the evening plaintiff was pretty much free to do as he pleased as long as the various systems of the building were running properly.

During the daytime of December 30, 1968, plaintiff left defendant’s building to take his laundry to a laundromat because there were no laundry facilities within defendant’s building. Plaintiff left the building by a main entrance and walked along a public sidewalk to a driveway adjoining the building on the south side. The driveway was owned by Consuméis Power Company. While walking along the drive *396 way to a parking area maintained by defendant, where plaintiff had parked his car, plaintiff slipped and fell on the icy surface and fractured his left hip. The place where plaintiff fell was not on the property owned, occupied, or maintained by the owner of the Metropolitan Building. There was an alternate route to the parking lot, of equal distance, which traversed a public sidewalk and a parking area which was maintained free of ice and snow by defendant. Testimony of plaintiff and his wife showed that they usually left the building and went to their car in the parking lot along the private drive owned by Consumers Power Company.

Prior to the date of hearing, plaintiff had recovered from his injuries sufficiently to be capable of doing the work he had been doing prior to the accident, although his injuries still hindered his capacity to perform in other areas of employment. He had applied for similar jobs after being discharged by defendant. He said that he was capable at the time of managing an apartment building and actively sought apartment managing or supervision as employment. He was unable to obtain such employment.

On November 14, 1969, a hearing was held. Three days later, the hearing' referee issued a decision and order which found that plaintiff did receive a personal injury which arose out of his employment and was totally disabled at the time of the hearing. On August 10, 1970, the Workmen’s Compensation Appeal Board affirmed the referee. Leave to appeal was granted.

On appeal defendant raises two issues. Defendant contends that plaintiff’s accident and injury did not arise out of and in the course of his employment. Further, defendant contends that plaintiff was not *397 entitled to compensation benefits after the date of the hearing.

In examining the first issue raised', of whether the injury arose out of and in the course of employment, we must ascertain whether the injury falls within the scope of MCLA 412.1; MSA 17.151. 2 To answer this, two problems must be decided; (1) whether plaintiff was on the “premises” when the injury occurred, and (2) whether the personal errand could be considered “arising out of and in the course of his employment” ?

The problem of whether plaintiff was on the “premises” when the injury occurred can be resolved in view of Jean v Chrysler Corporation, 2 Mich App 564 (1966), and Fischer v Lincoln Tool & Die Co, 37 Mich 198 (1971). In Jean, p 568, an injury upon a public roadway lying between the employer-owned parking lot and his place of business was held to be compensable. Our Court stated:

“ * * * that the employee who leaves work and within a reasonable time is injured in reaching other premises maintained by his employer as an adjunct of the employment is covered by the act.”

In Fischer, the plaintiff was injured on a public sidewalk while walking toward his employer’s place of business from his car which he had parked on the street. This Court held that an employee injured upon a public sidewalk while on his way to work and while within a close proximity to the place where he works suffers an injury which is compensable as arising out of and in the course of his employment. In discussing what construction should be given the word “premises” as contained in MCLA 412.1; MSA 17.151, this Court said:

*398 “ ‘Premises’ does not equal ‘property’, and land owned by an employer may or may not be part of the premises, just as land owned by another than the employer might still be considered part of his premises.”

After discussing’ Lasiewicki v Tusco Products Co, 372 Mich 125 (1963), and Jean v Chrysler Corp, supra, this Court announced in Fischer, supra, p 203:

“From an analysis of present case law we conclude that ‘zone, environments and hazards’ is substantially what is meant by the word ‘premises’ as contained in the workmen’s compensation act.
“From the above, we can conclude that an employee is protected by the act when he is within said, ‘zone, environments, and hazards’, while arriving at, departing from, or' during the time of his employment by traveling his usual, customary and direct route.”

Here, defendant provided the parking lot and gave plaintiff permission to use the lot, with plaintiff having to cross another’s property or walk on a public sidewalk to reach the lot. We are not concerned with whether the property, which was crossed, was privately or publicly controlled or whether more than one route was available; but in light of Jean v Chrysler Corp, supra, and Fischer v Lincoln Tool & Die Co, supra, we conclude that plaintiff was within the “zone, environments and hazards” of his labor so as to be considered on the premises of his employer in regard to MCLA 412.1; MSA 17.151.

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Bluebook (online)
196 N.W.2d 335, 38 Mich. App. 393, 1972 Mich. App. LEXIS 1661, Counsel Stack Legal Research, https://law.counselstack.com/opinion/adair-v-metropolitan-building-co-michctapp-1972.