Briley v. Farm Fresh, Inc.

396 S.E.2d 835, 240 Va. 194, 1990 Va. LEXIS 119
CourtSupreme Court of Virginia
DecidedSeptember 21, 1990
DocketRecord 891520
StatusPublished
Cited by22 cases

This text of 396 S.E.2d 835 (Briley v. Farm Fresh, Inc.) is published on Counsel Stack Legal Research, covering Supreme Court of Virginia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Briley v. Farm Fresh, Inc., 396 S.E.2d 835, 240 Va. 194, 1990 Va. LEXIS 119 (Va. 1990).

Opinions

JUSTICE COMPTON

delivered the opinion of the Court.

In this personal injury action brought by an employee against an employer, the sole question is whether the trial court correctly ruled that the plaintiffs exclusive remedy was under the Workers’ Compensation Act (the Act), Code §§ 65.1-1 to -163.

During the early morning hours of June 14, 1986, plaintiff Cheryl Briley slipped and fell in a supermarket located in the City of Suffolk and operated by defendant Farm Fresh, Inc. Subsequently, the plaintiff brought this negligence action against defendant seeking recovery in damages for injuries allegedly suffered in the fall. The defendant filed a special plea asserting that the plaintiffs exclusive remedy was under the Act.

During a hearing on the plea, the plaintiffs testimony was the only evidence presented. Upon consideration of this evidence and argument of counsel, the trial court sustained the plea. We awarded the plaintiff this appeal from a September 1989 judgment order dismissing the action.

The facts are presented on appeal in a terse Rule 5:11(c) written statement, which leaves important factual questions unanswered. Nonetheless, this deficiency will be partly cured as we view all reasonable inferences fairly deducible from the stated facts in the light most favorable to the defendant, who prevailed below, and accord the judgment below a presumption of correctness, all in accord with settled appellate principles.

[196]*196At the time of the accident, the plaintiff, who was employed permanently elsewhere, worked part time for defendant as a cake decorator in its bakery department. She had “no regular hours” of work at the supermarket “but would be called during the week to work when needed.”

Defendant called her to work the “evening” before the accident. While performing her duties, plaintiff wore a special white jacket and worked behind the bakery department counter. Near 1:30 to 1:35 a.m. on the day of the accident, the plaintiff completed her work and stated to a co-worker that “she was finished with her job and was leaving.” She removed her white jacket, which “was her usual manner of checking out when she finished her part time work each time.” Rather than “walking out to her car and driving home,” the plaintiff decided “to do some shopping for her mother, with whom she lived.”

After shopping in the store for approximately 15 minutes, the plaintiff was carrying a head of lettuce in her hand. Near 1:55 a.m., plaintiff, while continuing her shopping activities, “attempted to walk through the area next to the salad bar and slipped and fell, suffering severe injuries.”

According to the statement of facts, the plaintiff, at the time of the accident, was not performing any “job duty or function” for defendant and was not “on a break.”

The statement of facts does not reveal whether the early morning accident occurred when defendant’s supermarket was open for business or whether the plaintiff was among employees who worked in the store while it was closed in order to prepare merchandise for sale during normal business hours. In addition, the record does not indicate whether defendant’s employees were entitled to receive a discount on the cost of items they purchased in the store. Also, the record is silent about the existence of any company policy established by defendant with reference to shopping in the store by employees. Finally, the record does not show the basis .of plaintiffs compensation and whether her entitlement to wages ended when she removed her white jacket, when she left the premises, or at some other time.

In a letter opinion, the trial court found that the plaintiff-employee was injured “after her work of the day had ended but while still on the employer’s premises, having made a relatively brief deviation from a direct departure for personal shopping.” The court, in sustaining the plea, concluded that “such a minor devia[197]*197tion” did not prevent the accident from occurring “in the course of employment.”

The crucial question in cases of this kind is whether the injury was one, in the language of the Act, “arising out of and in the course of the employment.” Code § 65.1-7. If that inquiry is answered in the affirmative, the employee’s exclusive remedy was under the Act. Code § 65.1-40.

On appeal, the plaintiff concedes that “if the accident occurred in the store while [she] was coming or going to her work area, that it would be covered as a workers’ compensation case. The same would hold true even if the accident happened in the parking lot or a walkway outside the building while going to or coming from her work area.” The plaintiff contends, however, “that the employment relationship had terminated and that at the time of the accident she was a business invitee and a shopper in the store.” She argues that because she had terminated her employment, the accident did not take place “in the course of the employment.” Hence, she says, she is entitled to maintain this common law action for damages against her employer. We disagree. The canopy of the workers’ compensation umbrella is not so limited.

We repeatedly have said that the statutory language, “arising out of and in the course of employment,” must be liberally construed to accomplish the humane and beneficent purposes of the Act. The language “arising out of” refers to the origin or cause of the injury while the language “in the course of’ refers to the time, place, and circumstances under which the accident occurred. Baggett Transportation Co. v. Dillon, 219 Va. 633, 637, 248 S.E.2d 819, 822 (1978). An accident occurs during the course of the employment if it takes place within the period of employment, at a place where the employee may reasonably be expected to be, and while the employee is reasonably fulfilling the duties of the employment or is doing something reasonably incidental to it. Id.

We do not recognize a concept of “instantaneous exit” from a place of employment immediately upon termination of work. Barnes v. Stokes, 233 Va. 249, 252, 355 S.E.2d 330, 331 (1987). An employee has a reasonable time after concluding work to absent herself from the employer’s premises. Brown v. Reed, 209 Va. 562, 565, 165 S.E.2d 394, 397 (1969).

[198]*198Significantly, in view of the foregoing settled principles, the trial court based its ruling upon two important factual findings. First, the accident occurred on the employer’s premises. Second, the accident occurred as the plaintiff “made a relatively brief deviation from a direct departure” from work. Manifestly, these conclusions of fact and law bring the plaintiff under the Act’s umbrella.

There is no contention that the plaintiff violated any work rule by engaging in personal shopping as she was leaving the employer’s place of business. Indeed, it is to be anticipated that employees of a supermarket would purchase merchandise while on the premises and after completing assigned work duties. This plaintiff would not likely have been at the supermarket at 2:00 a.m. but for her employment there. Moreover, the risks that led to her injury were all part of the work environment.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Simms v. Ruby Tuesdays, Inc.
679 S.E.2d 555 (Court of Appeals of Virginia, 2009)
Ayers v. White
77 Va. Cir. 302 (King William County Circuit Court, 2008)
Fair v. Nash Finch Co.
2007 SD 16 (South Dakota Supreme Court, 2007)
Stillwell v. Lewis Tree Service, Inc.
624 S.E.2d 681 (Court of Appeals of Virginia, 2006)
BOYS AND GIRLS CLUB OF VA v. Marshall
554 S.E.2d 104 (Court of Appeals of Virginia, 2001)
Hendricks v. Wal-Mart Stores, Inc.
142 F. Supp. 2d 752 (W.D. Virginia, 2001)
Norfolk Community Hospital v. Smith
531 S.E.2d 576 (Court of Appeals of Virginia, 2000)
Combs v. Virginia Electric & Power Co.
525 S.E.2d 278 (Supreme Court of Virginia, 2000)
Fred Meyer, Inc. v. Hayes
943 P.2d 197 (Oregon Supreme Court, 1997)
Noble v. Industrial Com'n of Arizona
932 P.2d 804 (Court of Appeals of Arizona, 1996)
Ayers v. Stoneman
33 Va. Cir. 314 (Richmond County Circuit Court, 1994)
Kraf Construction Services, Inc. v. Ingram
437 S.E.2d 424 (Court of Appeals of Virginia, 1993)
Maynard v. Hibble
418 S.E.2d 871 (Supreme Court of Virginia, 1992)
Sentara Leigh Hospital v. Nichols
414 S.E.2d 426 (Court of Appeals of Virginia, 1992)
Briley v. Farm Fresh, Inc.
396 S.E.2d 835 (Supreme Court of Virginia, 1990)

Cite This Page — Counsel Stack

Bluebook (online)
396 S.E.2d 835, 240 Va. 194, 1990 Va. LEXIS 119, Counsel Stack Legal Research, https://law.counselstack.com/opinion/briley-v-farm-fresh-inc-va-1990.