Beverly v. Ruth's Chris Steak House

682 So. 2d 1360, 1996 Ala. Civ. App. LEXIS 298, 1996 WL 187803
CourtCourt of Civil Appeals of Alabama
DecidedApril 19, 1996
Docket2950028
StatusPublished
Cited by4 cases

This text of 682 So. 2d 1360 (Beverly v. Ruth's Chris Steak House) is published on Counsel Stack Legal Research, covering Court of Civil Appeals of Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Beverly v. Ruth's Chris Steak House, 682 So. 2d 1360, 1996 Ala. Civ. App. LEXIS 298, 1996 WL 187803 (Ala. Ct. App. 1996).

Opinion

YATES, Judge.

Gregory A. Beverly appeals from a summary judgment in favor of Ruth’s Chris Steak House (hereinafter “Ruth’s Chris”) and State Claims Adjusters, Inc. (heremafter “State Claims”), the workers’ compensation insurer for Ruth’s Chris; the trial court ruled as a matter of law that Beverly was not entitled to workers’ compensation benefits.

Beverly worked for Ruth’s Chris as a side cook in the kitchen. On July 21, 1994, Beverly was peeling and deveining platters of shrimp for the day’s lunch and dinner orders. A co-worker, Quinton Flood, approached Beverly and tried to take some of the shrimp so that he could give them to a relative who worked next door. Beverly testified in a deposition that it was against company rules for the employees to eat any of the shrimp and that Flood was “stealing [the shrimp] and he was trying to give it away.” Beverly refused to let Flood have any of the shrimp; Beverly then left the Mtehen for a nfinute, and when he returned some of the shrimp were missing.

Beverly walked to the back of the kitchen to see if Flood had taken the shrimp; he found Flood seasoning the shrimp and preparing to cook them. Beverly took the shrimp away from Flood and began walking to the front of the kitchen. Flood followed Beverly, calling him names, touching him, and finally “jumped up M Ms face.” Beverly pushed Flood away and Flood fell to the floor. Co-workers separated the two men and Beverly went outside and smoked a cigarette to “cool off.” Beverly then came back inside and resumed working; he and Flood did not speak further. However, within minutes of Beverly’s return, Flood came up behind Beverly and poured three gallons of boiling water over him, severely burning Beverly’s shoulder, chest, and arm. Beverly incurred medical bills of $25,877 and was permanently scarred as a result of Ms Mjury.

On September 8, 1994, after an Mvestigation, State Claims sent a letter to Beverly, informmg him that Ms claim for workers’ compensation benefits had been demed and statmg: “You imtiated the physical contact wMch resulted in your Mjury. The con-taeVargument was not M the scope of your employment.” Janet Williams, an adjuster for State Claims, testified M a deposition as to why the claim was demed:

“Just based upon our Mvestigation from what I can tell, it appears that the first physical contact leadMg up to the resultMg Mjury was made by [Beverly]. And second of all, it does not appear that it was M the course and scope of Ms employment. He’s not required in his job duties to fight, argue, and that Mnd of manner.”

As a result of his injury, Beverly was unable to return to work at Ruth’s Chris until October 1994.

On December 6,1994, Beverly sued Ruth’s Chris and State Claims for workers’ compensation benefits, also allegMg the tort of out[1362]*1362rage regarding State Claims’ refusal to provide coverage for his injuries. The court granted a motion by Ruth’s Chris and State Claims for separate trials of Beverly’s two claims.

On August 3, 1995, Ruth’s Chris and State Claims both moved for a summary judgment, attaching to the motions deposition testimony of Beverly and Williams. After a hearing, the court entered a summary judgment in favor Ruth’s Chris and State Claims on September 7,1995. Beverly appeals, contending that the court erred in ruling that he was not entitled to workers’ compensation benefits; Beverly also contends that he had submitted substantial evidence to support his claim of outrage and thereby precluded a summary judgment.

Because Beverly’s injury occurred after August 1, 1992, his case falls under the new Workers’ Compensation Act. This court’s standard of review under the new act is as follows: we will view the facts of the case in the light most favorable to the findings of the trial court. The court’s judgment will not be reversed unless it is clear that the court’s findings are manifestly contrary to the evidence as contained in the record as a whole or unless it is clear that fair-minded persons in the exercise of impartial judgment would adopt a contrary conclusion. Whitsett v. BAMSI, 652 So.2d 287 (Ala.Civ.App.1994).

After reviewing the record and deposition testimony, as well as surveying the applicable case law, we conclude that the trial court’s holding that Beverly is not entitled to workers’ compensation benefits is manifestly contrary to the evidence contained in the record as a whole, and we reverse its judgment.

It is settled that a willful assault by a coemployee may be considered an accident compensable under the Alabama workers’ compensation statute. However, the fact of a willful assault alone does not conclusively establish that the assault arose out of the course of the employee’s employment. That conclusion must be drawn from the circumstances of the case. McGaughy v. Allied Products Co., 412 So.2d 803 (Ala.Civ.App.1982). An assault that is based solely upon personal ill will, hatred, or anger does not arise out of and in the course of the employment. Thompson v. Anserall, Inc., 522 So.2d 284 (Ala.Civ.App.1988). To justify workers’ compensation for injuries caused by an assault by a coemployee, the rational mind must be able to trace the resultant personal injury to a proximate cause set in motion by the employment, and not by some other agency. Tiger Motor Co. v. Winslett, 278 Ala. 108,176 So.2d 39 (1965).

It is undisputed that the argument between the two men arose out of Beverly’s refusal to allow Flood to steal the shrimp from the restaurant; Williams conceded in her deposition that the argument began over Flood’s taking the shrimp. State Claims and Ruth’s Chris argue that State Claims was justified in refusing to pay benefits to Beverly, contending that Beverly had initiated the physical aspect of the altercation by pushing Flood away from him. This reasoning is not borne out by the evidence; Beverly testified that as he walked away from Flood after retrieving the shrimp, Flood followed, cursing him and touching him. Beverly testified that he finally pushed Flood away from him after Flood “jumped up in his face.” In addition, this reasoning ignores the focus of a court’s inquiry under these facts: while the question of who touched whom first can be significant, a trial court must go beyond this point in time to determine whether the altercation and resulting injury arose out of and in the course of the workers’ employment, and not by some other agency. Id.

We note that the record reveals no evidence of any animosity between Flood and Beverly before this incident occurred; Beverly testified in a deposition that before the attack he and Flood had been “tight” and that they had socialized many times after work, playing basketball together and visiting each other’s home. There is also nothing-in the record to indicate that the stolen shrimp were either Beverly’s or Flood’s personal property, or that it was proper for kitchen employees to take the restaurant’s food and then give it away. In fact, Beverly testified in a deposition that it was against the rules of the restaurant for the kitchen employees to take or eat any of the shrimp.

State Claims also contends that its denial of benefits to Beverly was proper because fighting and arguing were not among Bever[1363]*1363ly’s duties in the course of his employment. We do not find this argument to be persuasive.

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Bluebook (online)
682 So. 2d 1360, 1996 Ala. Civ. App. LEXIS 298, 1996 WL 187803, Counsel Stack Legal Research, https://law.counselstack.com/opinion/beverly-v-ruths-chris-steak-house-alacivapp-1996.