Felton v. Hospital Guild of Thomasville, Inc.

291 S.E.2d 158, 57 N.C. App. 33, 1982 N.C. App. LEXIS 2607
CourtCourt of Appeals of North Carolina
DecidedMay 4, 1982
Docket8110IC757
StatusPublished
Cited by21 cases

This text of 291 S.E.2d 158 (Felton v. Hospital Guild of Thomasville, Inc.) is published on Counsel Stack Legal Research, covering Court of Appeals of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Felton v. Hospital Guild of Thomasville, Inc., 291 S.E.2d 158, 57 N.C. App. 33, 1982 N.C. App. LEXIS 2607 (N.C. Ct. App. 1982).

Opinions

MARTIN (Harry C.), Judge.

This case can be analyzed upon two theories, each supporting recovery for plaintiff.

Special Errand Rule

In order for an employee to be entitled to an award under the North Carolina Workers’ Compensation Act, there must be injury by accident which arose out of and in the course of the employment. See N.C. Gen. Stat. § 97-2(6) (1979) (and annotations thereunder). Ordinarily, an injury suffered by an employee while going to or coming from work is not an injury arising out of and in the course of employment. Hardy v. Small, 246 N.C. 581, 99 S.E. 2d 862 (1959); Hunt v. State, 201 N.C. 707, 161 S.E. 203 (1931). There are, however, exceptions to this general rule.

The Commission found plaintiff, in making the journey to the bakery, was on a special mission for her employer and thus not within the general “coming and going” rule. Nevertheless, liability was denied upon the finding by the Commission that the special mission or errand only begins “from the time plaintiff physically leaves her property or premises, in this case from the time she actually enters the public street.”

[35]*35We cannot agree to the “bright line” rule adopted by the Commission in determining when a special errand commences. Although such rule does have the attribute of certainty, it cannot be attained at the expense of justice. In deciding questions about when a special errand begins or ends, each case must be determined upon its particular fact situation. “ ‘No exact formula can be laid down which will automatically solve every case.’ ” Massey v. Board of Education, 204 N.C. 193, 197-98, 167 S.E. 695, 698 (1933). See Berry v. Furniture Co., 232 N.C. 303, 60 S.E. 2d 97 (1950); Harden v Furniture Co., 199 N.C. 733, 155 S.E. 728 (1930); Gallimore v. Marilyn’s Shoes, 30 N.C. App. 628, 228 S.E. 2d 39 (1976), rev’d on other grounds, 292 N.C. 399, 233 S.E. 2d 529 (1977).

When it is established that an employee is on a special errand for her employer, the declared policy of the state requires a liberal construction in favor of the employee in determining whether the accident arises out of and in the course of the employment. Stevenson v. City of Durham, 281 N.C. 300, 188 S.E. 2d 281 (1972); Petty v. Transport, Inc., 276 N.C. 417, 173 S.E. 2d 321 (1970); Gallimore, supra. The narrow, restrictive rule adopted by the Commission contravenes this policy.

The proper rule of law to apply to the discrete fact situations is not “did the accident occur on the employee’s own premises.” Rather, an accident arises out of employment when it occurs in the course of the employment and the conditions or obligations of the employment put the employee in the position or at the place where the accident occurs. 1 A. Larson, The Law of Workmen’s Compensation § 6.50 (1978). Plaintiff was injured near her car because the obligations of her employment, the special errand, required her to be at that place when the accident occurred. Where the employment requires travel, the hazards of the route become the hazards of the employment. Hinkle v. Lexington, 239 N.C. 105, 79 S.E. 2d 220 (1953). Such is the case here.

Under the facts of this case, we hold that plaintiff had begun her special errand on behalf of her employer. She had left the safety of her house and had entered into the hazards of her journey. Massey, supra. Our holding is supported by Charak v. Leddy, 23 A.D. 2d 437, 261 N.Y.S. 2d 486 (1965). In Charak, claimant had not left the safety of her apartment building when she [36]*36was injured, and compensation was denied. She had not entered into the area of risk arising out of her employment, and was injured while doing what any other resident of the building might have done. Here, Mrs. Felton was in a diametrically opposing fact situation.

Jurisdictions as diverse as California and New Hampshire have allowed recovery under analogous circumstances. In Heinz v. Concord U. Sch. Dist., 117 N.H. 214, 371 A.2d 1161 (1977), claimant was a teacher. On his way home to change clothes in order to return to school to chaperone an authorized school dance, he was killed in a motorcycle accident. He was not obligated to chaperone the dance, but was expected to give fully of his services and to participate to a reasonable extent in school activities. The New Hampshire court held the death arose out of and in the course of claimant’s employment. The chaperoning duties were in the nature of a special duty or errand and subjected claimant to special travel risks. The cause of the death could properly be considered a hazard of the employment.

Safeway Stores, Inc. v. Workers’ Comp. A. Bd., 104 Cal. App. 3d 528, 163 Cal. Rptr. 750 (1980), involved a special errand or mission case with facts closely resembling those in the case sub judice. In Safeway, claimant was required to work well beyond his ordinary hours to aid in the preparation of an inventory. He returned to his home about 5:30 a.m. and was injured when he was attacked by an unknown assailant as he got out of his car to enter his house. The employer argued that the injury did not arise out of or in the course of the employment. The California court held that claimant was on a special errand for his employer in his return home from the extended workday. Claimant’s entire duty was at the employer’s request and satisfied an important and out-of-the-ordinary business need. The journey home was an essential part of the special service claimant was called upon to perform for the benefit of his employer. Safeway further contended that the return journey was completed before the assault. The court concluded that the reasoning in Charak supported recovery for claimant, who had not entered the safety of his house, as the claimant in Charak had not left the safety and security of her apartment building when she was injured.

We hold that when Mrs. Felton was injured she had entered upon a special errand on behalf of her employer.

[37]*37Dual Purpose Rule
The basic dual-purpose rule, accepted by the great majority of jurisdictions, may be summarized as follows: when a trip serves both business and personal purposes, it is a personal trip if the trip would have been made in spite of the failure or absence of the business purpose and would have been dropped in the event of failure of the private purpose, though the business errand remained undone; it is a business trip if a trip of this kind would have been made in spite of the failure or absence of the private purpose, because the service to be performed for the employer would have caused the journey to be made by someone even if it had not coincided with the employee’s personal journey.

Larson, supra, § 18.12 (citing to Ridout v. Rose’s Stores, 205 N.C. 423, 171 S.E. 642 (1933)).

In Humphrey v. Laundry, 251 N.C. 47, 110 S.E. 2d 467 (1959), our Court applied the dual purpose rule. In so doing, it adopted the reasoning of Chief Justice Cardozo in Marks v. Gray, 251 N.Y. 90, 167 N.E. 181 (1920).

[A] plumber’s helper, who was going to drive to a neighboring town to meet his wife, was asked by his employer to fix some faucets there —a trifling job which in itself would not have occasioned the trip.

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Felton v. Hospital Guild of Thomasville, Inc.
291 S.E.2d 158 (Court of Appeals of North Carolina, 1982)

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291 S.E.2d 158, 57 N.C. App. 33, 1982 N.C. App. LEXIS 2607, Counsel Stack Legal Research, https://law.counselstack.com/opinion/felton-v-hospital-guild-of-thomasville-inc-ncctapp-1982.