Pruitt v. Brinker, Inc.

899 So. 2d 46, 2005 WL 327789
CourtLouisiana Court of Appeal
DecidedFebruary 11, 2005
Docket2004 CA 0152
StatusPublished
Cited by6 cases

This text of 899 So. 2d 46 (Pruitt v. Brinker, Inc.) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Pruitt v. Brinker, Inc., 899 So. 2d 46, 2005 WL 327789 (La. Ct. App. 2005).

Opinion

899 So.2d 46 (2005)

Regan PRUITT as Tutrix of the Minor Children Alexis Ledet, Rene Ledet and Olivia Ledet
v.
BRINKER, INC. d/b/a Chili's Restaurant and Liberty Mutual Insurance Company.

No. 2004 CA 0152.

Court of Appeal of Louisiana, First Circuit.

February 11, 2005.
Rehearing Denied April 13, 2005.

*48 Kyle Marrionneaux, Baton Rouge, for Plaintiffs-Appellants Regan Pruitt as Tutrix of the Minor Children Alexis, Rene & Olivia Ledet.

Thomas Eppling, Julie Steed, Metairie, for Defendants-Appellees Brinker, et al.

Kirk L. Landry, Baton Rouge, for Plaintiffs-Appellants Ragan Pruitt, et al.

Before: CARTER, C.J., PETTIGREW, and McDONALD, JJ.

PETTIGREW, J.

In this workers' compensation case, plaintiffs appeal the judgment of the workers' compensation judge (WCJ) finding that the deceased, Bradford Ledet, was not in the course and scope of his employment when he was killed in an automobile accident while bringing a subordinate employee home from work. For reasons other than those given by the WCJ, we affirm.

FACTS AND PROCEDURAL HISTORY

On March 17, 2001, Mr. Ledet was working in his capacity as a manager for Brinker, Inc. d/b/a Chili's Restaurant (hereinafter referred to collectively as "Chili's") and was scheduled to close the restaurant that night along with another Chili's manager, David Sorensen. According to Mr. Sorensen, the restaurant had been busier than usual that day because it was St. Patrick's Day. During the course of the shift, two dishwashers employed by Chili's, Andre Daniels and another known only as Larry, apparently made it known to Mr. Ledet and Mr. Sorensen that they did not have rides home. Mr. Ledet offered to bring Andre home, and Mr. Sorensen brought Larry home.

After closing the restaurant to the public around midnight, Mr. Ledet and Mr. Sorensen began readying the restaurant for the next day. They left the restaurant in the early morning hours of March 18, 2001, with the intention of bringing Andre and Larry home. While on his way to Andre's house, Mr. Ledet was involved in an automobile accident and sustained fatal injuries.

Regan Pruitt filed a disputed claim for compensation against Chili's on behalf of her minor children, Alexis Ledet, Rene Ledet, and Olivia Ledet, (hereinafter referred to collectively as "plaintiffs") to recover workers' compensation death benefits for the death of their father. Chili's denied the claim, arguing that Mr. Ledet was not in the course and scope of his employment at the time of the accident. The matter proceeded to a trial on the merits before the WCJ. After considering the testimony, exhibits, and applicable law, the WCJ rendered judgment on June 23, 2003, in favor of Chili's dismissing, with prejudice, plaintiffs' claim for benefits.

In oral reasons for judgment, the WCJ found that "Chili's ... consent to having their mangers enable hourly employees to get to and from work has been implied and that it does further their business interest." The WCJ noted:

And if a supervisor is doing something that he feels is necessary in order to complete his job, complete his mission *49 for the employer, and his mission being to keep the restaurant running smoothly and regularly, and the employer knows that he's doing something that's not typically thought of as his duty and he's doing it with that purpose in mind, then I feel that it's done with consent.

Having said that, the WCJ then went on to find that because Mr. Ledet and Andre were friends, "Mr. Ledet stepped out of his manager's position at that point and became just a friend and took a friend home." Thus, the WCJ concluded, at the time of the accident, Mr. Ledet was not acting in the course and scope of his employment with Chili's.

Plaintiffs timely appealed the judgment of the WCJ, assigning the following specification of error:

The workers' compensation judge committed legal error in finding that a restaurant manager, who she found to be in the course and scope of his employment while bringing subordinate employees to their homes, was not in the course and scope of his employment when he was killed in an automobile accident because the employee he was bringing home was also his "friend." The court's factual finding that bringing employees to their homes, such as was being accomplished here, was in furtherance of the business interest of the employer cannot be legally changed depending on whether the manager may like or dislike the particular employee.

STANDARD OF REVIEW

Factual findings in a workers' compensation case are subject to the manifest error standard of appellate review. Banks v. Industrial Roofing & Sheet Metal Works, Inc., 96-2840, p. 7 (La.7/1/97), 696 So.2d 551, 556. As such, in order for an appellate court to reverse a workers' compensation judge's factual findings, it must find from the record that a reasonable factual basis does not exist for the findings of the workers' compensation judge and that the record establishes that the findings are clearly wrong. See Mart v. Hill, 505 So.2d 1120, 1127 (La.1987).

On the other hand, appellate review of a question of law is simply to determine whether the trial court was legally correct. Sumrall v. Bickham, XXXX-XXXX, p. 7 (La.App. 1 Cir. 9/8/04), 887 So.2d 73, 78. If the trial court's decision is based on its erroneous interpretation or application of law, rather than a valid exercise of discretion, such incorrect decision is not entitled to deference by the reviewing court. Mitchell v. Gaylord Container, 2003-2762, p. 3 (La.App. 1 Cir. 10/29/04), 889 So.2d 300, 302. Thus, where one or more legal errors interdict the fact-finding process, the manifest error standard is no longer applicable, and, if the record is otherwise complete, the appellate court conducts its own independent de novo review of the record. Evans v. Lungrin, 97-0541, pp. 6-7 (La.2/6/98), 708 So.2d 731, 735. Legal error occurs when a trial court applies incorrect principles of law and such errors are prejudicial, i.e., when they materially affect the outcome and deprive a party of substantial rights. Id.

In finding that Mr. Ledet was not in the course and scope of his employment with Chili's at the time of the accident in question, the WCJ gave the following oral reasons for judgment:

The workers' compensation act is to be liberally construed in favor of coverage whenever possible. There is a very strict, however, general rule that injuries occurring to and from work are not covered. There are, as both sides have pointed out, exceptions to the to and from work rule. When the accident occurs during a trip the employee is making in the interest of his employer's *50 business or pursuant to his employer's order, now — or when the employer has interested himself in the transportation of the employee as an incident to the employment agreement or where the employee was doing work for his employer under circumstances where the employer's consent could be fairly implied.
Quite frankly, after hearing all the evidence, I am of the opinion that Chili's or Brinker's consent to having their managers enable hourly employees to get to and from work has been implied and that it does further their business interest. I even had Mr. Sorensen actually say that until he realized later that he had said it, and I think the fact that Mr. Waters as general manager knew that managers were doing this — when you have an employee doing it for an employee, there's no problem there.

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