Herron v. Fletcher

503 S.W.2d 84, 1973 Tenn. LEXIS 428
CourtTennessee Supreme Court
DecidedDecember 3, 1973
StatusPublished
Cited by6 cases

This text of 503 S.W.2d 84 (Herron v. Fletcher) is published on Counsel Stack Legal Research, covering Tennessee Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Herron v. Fletcher, 503 S.W.2d 84, 1973 Tenn. LEXIS 428 (Tenn. 1973).

Opinion

OPINION

JENKINS, Special Justice.

This is a Workmen’s Compensation case which originated in the Chancery Court of Knox County, Tennessee, by Kenneth Her-ron, a truck driver, against C. W. Fletcher, d/b/a Fletcher Trucking Company, Interstate Transport, Inc., and its insurance carrier, Traveler’s Indemnity Company, Hag-en, Inc., and its insurance carrier, Great West Casualty Company.

The case originally was rather complicated, but the issues were simplified [85]*85through the action of the Trial Court and counsel for all parties.

The Trial Court entered a judgment for workmen’s compensation benefits against Fletcher, Hagen, and Great West Casualty Company. Hagen, Inc. and Great West Casualty Company are appealing the Chancellor’s decision, and the petitioner, Kenneth Herron, is appealing in order to “protect” himself against what this Court might decide.

One question to be decided is whether or not the petitioner is entitled to collect workmen’s compensation benefits from one or more of the defendants.

The other question, a more serious one, is whether or not the petitioner had deviated from his scheduled route so that he would not be entitled to workmen’s compensation benefits.

For the most part, the facts presented before the Chancellor were undisputed. C. W. Fletcher owned a fleet of trucks which he leased to Interstate Transport, Inc. on what is known in ICC terminology as a permanent lease. According to the terms of the lease, Fletcher was charged with the responsibility of supplying drivers as well as providing maintenance for the vehicles.

The plaintiff in this suit, Kenneth Her-ron, was assigned as a driver on one of the trucks leased to Interstate. Interstate arranged for Herron to transport a load of chickens to Minnesota. After making the delivery in Minnesota, Mr. Herron was instructed to wait by both Mr. Fletcher and Interstate in hopes of getting a shipment to return to the Tennessee area with rather than returning empty.

Several days after arriving in Minnesota, Mr. Herron was notified by Mr. Hogan, a dispatcher for Interstate, of a shipment which was to be made from Rice Lake, Wisconsin, to Brock Candy Company in Chattanooga, Tennessee. Herron was told to contact Hagen, Inc., another trucking company, regarding the shipment, which he did. Thereafter Herron signed a trip lease agreement purportedly on behalf of Interstate with Hagan for the shipment of the goods from Wisconsin to Chattanooga.

Herron arrived in Nashville on a Saturday afternoon with the shipment destined for Brock Candy Company in Chattanooga. Being aware of the fact that the candy company was closed and would not be open until Monday, Herron decided to travel to his home base in Lenoir City rather than directly to Chattanooga. The Chancellor concluded in his finding of facts that Her-ron planned to travel to Lenoir City for the purpose of having routine check-ups performed on his vehicle on Sunday, and in addition he intended to spend Saturday and Sunday nights at home.

While crossing what is known as “Rock-wood Mountain” on the way to Lenoir City, the brakes on Herron’s truck failed and an accident resulted. Herron sustained serious personal injuries which resulted in his bringing this action for compensation.

The attorneys for Fletcher and Interstate argued before the Chancellor that the only party liable under the Workmen’s Compensation Act to pay benefits to the injured Herron is the party who had control over Mr. Herron’s operation at the time of the accident, namely, Hagen, Inc.

Because of the lease arrangement involved, the Chancellor rejected this argument, saying:

“Under the authority of Davis vs. J & B Motors, 193 Tennessee at 233, [245 S.W.2d 769 (1951)] our Supreme Court has treated these trucking leases the same as the statute [T.C.A. 50-915] treats prime contractors and subcontractors; that is, that the duty and obligation flows to the benefit of the injured employee against those both prime contractor and subcontractor.”

The Chancellor then concluded that under the authority of Davis v. J & B Motor Lines, supra, that Fletcher and Hagen [86]*86should be treated as prime contractor and subcontractor, and consequently, that they are jointly liable under the Workmen’s Compensation Act.

Herron perfected an appeal to this Court and assigned as error the trial court’s conclusion that Interstate was not, along with Fletcher and Hagen, obligated to provide coverage for Herron. Herron does not question the applicability of the prime contractor-subcontractor analogy, but he simply contends that the trial court made a factual error by concluding that Interstate had no business connections with the trip from Wisconsin to Chattanooga, thus, no liability.

Although Interstate arranged for the shipment from Wisconsin to Chattanooga, the Chancellor found as a matter of fact that the company did so as a courtesy to Fletcher and that any money collected belonged solely to Fletcher. Furthermore, the Chancellor found that Herron was not authorized to sign a trip lease agreement on the behalf of Interstate, and the trip lease purportedly between Interstate and Hagen was in fact for the henefit of Fletcher.

The Chancellor’s conclusions are supported by the testimony of Mr. Ferguson, General Manager of Interstate. He testified that Interstate shipped only from this area to other areas of the country and that it did not deal in return trips. In addition, he said that whenever a return shipment was arranged, if Interstate received the check for the shipment, the entire check was turned over to Mr. Fletcher.

In view of this testimony, we must conclude that there is material evidence to support the Chancellor’s finding that Interstate did not have any business connections with Herron at the time of his accident; therefore, no obligation to see that Workmen’s Compensation insurance protected him at the time of the accident.

Hagen, Inc. also perfected an appeal to this Court. Hagen does not dispute its general obligation under the Workmen’s Compensation Act. Instead, counsel for Hagen cites numerous cases which hold that where an employee deviates or detours from his employer’s business travel, the employee takes himself out of a compensa-ble status. Counsel argues that these cases are authority for concluding that Herron was not in a compensable status at the time of the accident because Herron deviated from the most direct route to Chattanooga from Wisconsin for purely personal reasons.

Although the Chancellor recognized the fact that Herron planned to spend the night at home, he concluded that this was merely an incidental benefit for Herron and that Herron’s major reason for traveling to Lenoir City was to have check-ups and service performed on the truck. Since both Fletcher and Hagen had an interest in seeing that the truck was serviced, the Chancellor concluded that Herron was on a mission of Hagen as well as Fletcher when the accident occurred, notwithstanding any personal benefit involved for Her-ron.

With reference to this question, we quote from the Chancellor’s memorandum opinion:

“It is true that when Mr.

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Jones v. Hartford Accident & Indemnity Co.
811 S.W.2d 516 (Tennessee Supreme Court, 1991)
Long v. Stateline Systems, Inc.
738 S.W.2d 622 (Tennessee Supreme Court, 1985)
McCammon v. Neubert
651 S.W.2d 702 (Tennessee Supreme Court, 1983)
Great West Casualty Co. v. Fletcher
287 S.E.2d 429 (Court of Appeals of North Carolina, 1982)
Argonaut Insurance Co. v. Vanatta
539 S.W.2d 35 (Tennessee Supreme Court, 1976)

Cite This Page — Counsel Stack

Bluebook (online)
503 S.W.2d 84, 1973 Tenn. LEXIS 428, Counsel Stack Legal Research, https://law.counselstack.com/opinion/herron-v-fletcher-tenn-1973.