Searcy v. Shoney's Restaurant

750 So. 2d 306, 1999 La. App. LEXIS 3532, 1999 WL 1256231
CourtLouisiana Court of Appeal
DecidedDecember 15, 1999
DocketNo. 32544-WCA
StatusPublished

This text of 750 So. 2d 306 (Searcy v. Shoney's Restaurant) 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
Searcy v. Shoney's Restaurant, 750 So. 2d 306, 1999 La. App. LEXIS 3532, 1999 WL 1256231 (La. Ct. App. 1999).

Opinions

| .PEATROSS, Judge.

Plaintiff, Rose Searcy, appeals the judgment of the Workers’ Compensation Judge (“WCJ”) dismissing her claim against her employer, Shoney’s Restaurant (“Sho-ney’s”), for workers’ compensation benefits and medical expenses. For the reasons stated herein, we affirm.

FACTS AND PROCEDURAL HISTORY

In the early morning hours of April 3, 1997, at approximately 1:45 a.m., Plaintiff, who was riding as a guest passenger in an automobile owned and driven by a co-employee, Mr. Stuart Forwood, was involved in a single-car accident on U.S. Highway 190 in West Baton Rouge Parish. As a result of this accident, Plaintiff sustained severe injuries.

At the time of the accident, Plaintiff was the general manager of Shoney’s Restaurant No. 1195, located in West Monroe. She had been promoted to this position from the position of dining room manager of Shoney’s Restaurant No. 1185 in Monroe, a position she held for approximately six years. Mr. Forwood was the general manager of Shoney’s Restaurant No. 1185 in Monroe and had previously been Plaintiffs supervisor.

On April 2, 1997, Plaintiff and Mr. For-wood attended a mandatory business meeting on behalf of Shoney’s in Baton Rouge. According to Plaintiff, the meeting was a “show and tell” regarding upcoming Shoney’s promotions. Shoney’s general managers and area directors attended the meeting. Both Plaintiff and Mr. Forwood were being paid for the trip, i.e., they were “on the clock” according to Plaintiff; and Mr. Forwood’s mileage for the trip was being paid by Shoney’s.

Despite the fact that the meeting ended at about 4:00 p.m., Mr. Forwood and Plaintiff remained in Baton Rouge. Plaintiff had previously arranged to meet Ms. Michelle Weeks, another Shoney’s employee, for dinner while she was in | PBaton Rouge. After the meeting, Plaintiff contacted Ms. Weeks and they agreed to meet for dinner at Chili’s Restaurant in Baton Rouge. Plaintiff and Ms. Weeks had spoken on the telephone numerous times for business purposes and had developed a friendly rapport, but had never met. In the days immediately preceding the Baton Rouge meeting, they discussed the opportunity to finally meet in person under social circumstances and had agreed to do so after the meeting.

Although the group met at Chili’s for dinner, only Ms. Weeks and Mr. Forwood actually ate dinner. Plaintiff testified that [308]*308she had two glasses of wine, but did not order her own meal, choosing instead to eat intermittently from Mr. Forwood’s plate. After dinner, the trio went to three separate bars for drinks and dancing, Glen’s, Triple A and The Texas Club. All three consumed alcohol during the course of the evening.1

Plaintiff and Mr. Forwood left Baton Rouge at approximately 1:30 a.m. on April 3, 1997, despite Ms. Weeks’ attempts to persuade them to remain in Baton Rouge due to the late hour. Plaintiff testified that she informed Mr. Forwood that she had been awake since 3:30 a.m. the previous day and would not be able to assist him in driving or in staying awake. Ms. Weeks also testified that Plaintiff stated she was too intoxicated to help Mr. For-wood drive or stay awake. Soon after beginning the trip, Mr. Forwood fell asleep while driving and his car struck a median rail, became airborne and rolled counterclockwise onto its top, coming to rest in the left eastbound lane of U.S. Highway 190. Although Mr. Forwood sustained minor injuries, Plaintiff suffered serious injuries as a result of the accident.2 She returned to her former position with Sho-ney’s in January 1998 and, |3in April 1998, brought this workers’ compensation suit, claiming that her injuries are compensable under the Louisiana Workers’ Compensation Act.

After Plaintiff filed her claim, Shoney’s filed a motion for summary judgment on the ground that Plaintiff could not demonstrate that the accident arose out of her employment and that she was in the course and scope of her employment at the time of the accident. Plaintiff subsequently filed a Motion for Partial Summary Judgment on the same issue in opposition to Shoney’s motion. On January 12, 1999, after a hearing on the parties’ motions, the WCJ granted Shoney’s Motion for Summary Judgment and dismissed Plaintiffs claim. The WCJ stated in her oral reasons for judgment:

The first thing that the Court finds is that the parties were in the course and scope of their employment when they went down to Baton Rouge for a meeting and that meeting was to further the business at Shoney’s.... The Court finds that from the time they left that meeting, during the visit at Chili’s Restaurant ... and during that visit at the bar establishments there was in fact a deviation from employment ... [ Plaintiff ’s] deposition testimony indicates to me that she actively engaged in the deviation ... Because of that deviation, I find that it was not— that the deviation was not reasonably incidental to then-service to Shoney’s. I also find that it unreasonably increased their risk of injury ... Evidence indicates that a lot of what happened was out of the control of [Plaintiff], but the Court does not feel that it can hold Shoney’s responsible for the negligent acts of Mr. Forwood ... Although they may have re-entered their employment when they got back on the highway coming to Monroe, the fact that they had engaged in activity that contributed to that accident made it unreasonably— it unreasonably increased the risk of injury. Therefore, I cannot find that they were involved or in the course and scope of their employment at the time of the accident. I think that seven hours on a personal endeavor made the deviation so great that I cannot hold Shoney’s responsible for the negligent activities of Mr. Forwood which resulting (sic) in the injury to [Plaintiff].

This appeal ensued.

DISCUSSION

Summary Judgment

Summary judgment procedure is designed to secure the just, speedy and inex[309]*309pensive determination of every action allowed by law. The judgment sought 1¿shall be rendered forthwith if the pleadings, depositions, answers to interrogatories and admissions on file, together with affidavits, if any, show that the mover is entitled to judgment as a matter of law. La.C.C.P. art. 966; Banks v. State Farm Ins. Co., 30,868 (La.App.2d Cir.8/19/98), 717 So.2d 687.

The mover has the burden of establishing an absence of a genuine issue of material fact. A fact is material if its existence or non-existence may be essential to the plaintiffs cause of action under the applicable theory of recovery. Banks, supra; Curtis v. Curtis, 28,698 (La.App.2d Cir.9/25/96), 680 So.2d 1327. Appellate courts review summary judgments de novo under the same criteria that govern the district court’s consideration of whether summary judgment is appropriate. Taylor v. Rowell, 98-CC-2865 (La.5/18/99), 736 So.2d 812; Banks, supra; Barron v. Webb, 29,707 (La.App.2d Cir.8/20/97), 698 So.2d 727.

Arising out of and in the Course and Scope of Employment

In order for an injured employee to recover under the Workers’ Compensation Act, it must be proven by a preponderance of the evidence that she has received a “personal injury” by accident arising out of and in the course of her employment. La. R.S. 23:1031; Hoy v. Gilbert, 98-CC-1565 (La.3/2/99), — So.2d -, 1999 WL 1259896. The elements, therefore, of “arising out of’ and “in the course of’ employment are essential to Plaintiffs recovery.

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

Related

Mundy v. Dept. of Health & Human Resources
593 So. 2d 346 (Supreme Court of Louisiana, 1992)
Hoy v. Gilbert
754 So. 2d 207 (Supreme Court of Louisiana, 1999)
Barron v. Webb
698 So. 2d 727 (Louisiana Court of Appeal, 1997)
Robinson v. F. STRAUSS & SONS, INC.
481 So. 2d 592 (Supreme Court of Louisiana, 1986)
Curtis v. Curtis
680 So. 2d 1327 (Louisiana Court of Appeal, 1996)
Johnson v. Wallace Industrial Constructors
224 So. 2d 31 (Louisiana Court of Appeal, 1969)
Campbell v. Baker, Culpepper & Brunson
382 So. 2d 1046 (Louisiana Court of Appeal, 1980)
Banks v. State Farm Ins. Co.
717 So. 2d 687 (Louisiana Court of Appeal, 1998)
Jagneaux v. Marquette Casualty Company
135 So. 2d 794 (Louisiana Court of Appeal, 1961)
Taylor v. Rowell
736 So. 2d 812 (Supreme Court of Louisiana, 1999)
Liner v. Travelers Ins. Co.
41 So. 2d 804 (Louisiana Court of Appeal, 1949)
Kern v. Southport Mill, Ltd.
141 So. 19 (Supreme Court of Louisiana, 1932)
Daigle v. Moody
144 So. 596 (Supreme Court of Louisiana, 1932)

Cite This Page — Counsel Stack

Bluebook (online)
750 So. 2d 306, 1999 La. App. LEXIS 3532, 1999 WL 1256231, Counsel Stack Legal Research, https://law.counselstack.com/opinion/searcy-v-shoneys-restaurant-lactapp-1999.