Roman v. Southland Transportation Co.

515 S.E.2d 214, 350 N.C. 549, 1999 N.C. LEXIS 430
CourtSupreme Court of North Carolina
DecidedJune 25, 1999
Docket19A99
StatusPublished
Cited by18 cases

This text of 515 S.E.2d 214 (Roman v. Southland Transportation Co.) is published on Counsel Stack Legal Research, covering Supreme Court of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Roman v. Southland Transportation Co., 515 S.E.2d 214, 350 N.C. 549, 1999 N.C. LEXIS 430 (N.C. 1999).

Opinions

WAINWRIGHT, Justice.

In January 1994, decedent Luis Roman (Roman) began working as a long-distance truck driver for Southland Transportation Company (Southland). On 7 April 1994, Southland dispatched Roman to pick up a load of furniture in Chicago, Illinois, and to deliver it to Rocky Mount, North Carolina. En route to Rocky Mount, Roman stopped to refuel his truck shortly after midnight at the Flying J Truck Stop (Flying J) in Gary, Indiana. Inside the Flying J, Roman witnessed a robber reach across the counter into the open cash-register drawer, remove cash, and run outside to his car in the Flying J parking lot. After the cashier screamed for help, Roman and another truck driver ran after the robber and began “pulling and yanking on the steering wheel” of the robber’s moving automobile as it accelerated, causing the automobile to make- erratic circles in the parking lot. Flying J security guards fired at the robber’s car and accidentally fatally wounded Roman while Roman was positioned inside the window of the robber’s car. The security guards and other individuals apprehended the robber shortly thereafter.

Roman’s estate filed a workers’ compensation claim, which Southland denied. A deputy commissioner with the Industrial Commission reviewed the claim and concluded that Roman sustained a compensable injury by accident arising out of and in the course of his employment, and the full Commission adopted his conclusion. The Commission found that Southland’s driver’s handbook and safety manual had encouraged Roman to assist members of the public and that Roman’s acts were beneficial to his employer based on both the good will and improved image Southland received. Further, the Commission found that Southland benefitted from a reciprocal exchange of assistance between Roman and the Flying J employees, similar to the fact situation in Guest v. Brenner Iron & Metal Co., 241 N.C. 448, 85 S.E.2d 596 (1955). Therefore, the Commission held that

[551]*551[w]here a truck driver takes his employer’s vehicle on a long distance assignment and in the course of his employment encounters an emergency situation to which he responds, for the benefit of his employer who had encouraged him to assist members of the public in need of assistance, . . . the employee’s resulting injury/death is compensable ....

A divided panel of the North Carolina Court of Appeals reversed the Commission’s decision based on the theory that granting compensation would remove the “arising out of the employment” requirement. Roman v. Southland, Transp. Co., 131 N.C. App. 571, 577, 508 S.E.2d 543, 547 (1998). Contrary to the Commission’s decision, the Court of Appeals held that there was no evidence of “reciprocal courtesies,” so the Guest decision could not be used to support an award for benefits. Id. at 575, 508 S.E.2d at 546. The Court of Appeals concluded that the facts of the instant case were more similar to those provided in Roberts v. Burlington Indus., 321 N.C. 350, 364 S.E.2d 417 (1988). Furthermore, the Court of Appeals concluded that Roman’s decision to render aid created the danger and that the risk was not a hazard of the trip. Roman, 131 N.C. App. at 577, 508 S.E.2d at 547 (citing Roberts, 321 N.C. at 359, 364 S.E.2d at 423). Therefore, the Court of Appeals held that although Roman’s courageous behavior was commendable, his employer Southland could not be held liable. Id.

On appeal as of right to this Court by virtue of the dissent below, we must determine whether the Court of Appeals erred in reversing the Commission’s decision that Roman’s death arose out of his employment with Southland. Whether an employee’s injury arose out of and in the course of his employment is a mixed question of law and fact. Hoffman v. Ryder Truck Lines, Inc., 306 N.C. 502, 506, 293 S.E.2d 807, 809-10 (1982). If there is evidence to support the Commission’s findings concerning this issue, we are bound by those findings. Id. The Commission’s opinion and award can be reversed only if there is a patent legal error. Id. at 505, 293 S.E.2d at 809.

The North Carolina Workers’ Compensation Act provides that an employee’s death is compensable only when such death results from an irqury “arising out of’ and “in the course and scope of’ his employment. N.C.G.S. § 97-2(6), (10) (Supp. 1998). “Arising out of the employment” and “in the course of the employment” are two separate requirements a claimant must establish to receive compensation. Hoyle v. Isenhour Brick & Tile Co., 306 N.C. 248, 251, 293 S.E.2d 196, [552]*552198 (1982). “Arising out of the employment” refers to the origin or cause of the accidental injury, while “in the course of the employment” refers to the time, place, and circumstances of the accidental injury. Bartlett v. Duke Univ., 284 N.C. 230, 233, 200 S.E.2d 193, 194-95 (1973). Although the Workers’ Compensation Act is liberally construed so that benefits are not denied based on a technical, narrow, and strict interpretation, the rule of liberal construction cannot be used to attribute a foreign meaning to the plain and unmistakable import of the words employed. Guest, 241 N.C. at 452, 85 S.E.2d at 599.

In general, an employee’s workers’ compensation claim is compensable if he acts for the benefit of his employer to an appreciable extent. Id. at 452, 85 S.E.2d at 600. In contrast, a claim is not compensable if the employee acts solely for his own benefit or purpose, or if he acts solely for a third person. Id.

“Acts of an employee for the benefit of third persons generally preclude the recovery of compensation for accidental injuries sustained during the performance of such acts, usually on the ground they are not incidental to any service which the employee is obligated to render under his contract of employment, and the injuries therefore cannot be said to arise out of and in the course of employment. . . . However, where competent proof exists that the employee understood, or had reasonable grounds to believe that the act resulting in injury was incidental to his employment, or such as would prove beneficial to his employer’s interests or was encouraged by the employer in the performance of the act or similar acts for the purpose of creating a feeling of good will, or authorized so to do by common practice or custom, compensation may be recovered, since then a causal connection between the employment and the accident may be established.”

Id. at 452, 85 S.E.2d at 599-600 (quoting William R. Schneider, 7 Schneider’s Workmen’s Compensation § 1675 (perm. ed. 1950)) (footnotes omitted) (alteration in original).

Furthermore, a claim is compensable if the employment was a contributing cause of the injury. Roberts, 321 N.C. at 355, 364 S.E.2d at 421.

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

Related

Wright v. Alltech Wiring & Controls
826 S.E.2d 218 (Court of Appeals of North Carolina, 2019)
Gray v. United Parcel Service, Inc.
739 S.E.2d 590 (Court of Appeals of North Carolina, 2013)
Poole v. N.C. Department of Corr.
North Carolina Industrial Commission, 2011
Diggs v. N.C. Dept. of Correction
North Carolina Industrial Commission, 2011
Headen v. N.C. Department of Correction
North Carolina Industrial Commission, 2011
Robinson v. N.C. Department of Correction
North Carolina Industrial Commission, 2011
Coburn v. N.C. Department of Correction
North Carolina Industrial Commission, 2010
Coatney v. N.C. Department of Correction
North Carolina Industrial Commission, 2010
Gantt v. Department of Correction
North Carolina Industrial Commission, 2010
Brooks v. Capstar Corp.
606 S.E.2d 696 (Court of Appeals of North Carolina, 2005)
Dodson v. DUBOSE STEEL, INC.
582 S.E.2d 389 (Court of Appeals of North Carolina, 2003)
Allen v. Martin General Hospital
North Carolina Industrial Commission, 2002
Jacobs v. Sara Lee Corp.
North Carolina Industrial Commission, 2001
Roman v. Southland Trans. Co.
North Carolina Industrial Commission, 2000
Roman v. Southland Transportation Co.
515 S.E.2d 214 (Supreme Court of North Carolina, 1999)

Cite This Page — Counsel Stack

Bluebook (online)
515 S.E.2d 214, 350 N.C. 549, 1999 N.C. LEXIS 430, Counsel Stack Legal Research, https://law.counselstack.com/opinion/roman-v-southland-transportation-co-nc-1999.