Stacy v. Minit Oil Change

742 So. 2d 929, 1999 La. App. LEXIS 1897, 1999 WL 396003
CourtLouisiana Court of Appeal
DecidedJune 16, 1999
Docket31,985-WCA
StatusPublished
Cited by6 cases

This text of 742 So. 2d 929 (Stacy v. Minit Oil Change) 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
Stacy v. Minit Oil Change, 742 So. 2d 929, 1999 La. App. LEXIS 1897, 1999 WL 396003 (La. Ct. App. 1999).

Opinion

742 So.2d 929 (1999)

Larry STACY, Plaintiff-Appellee,
v.
MINIT OIL CHANGE, Defendant-Appellant.

No. 31,985-WCA.

Court of Appeal of Louisiana, Second Circuit.

June 16, 1999.

Crawford & Anzelmo by Donald J. Anzelmo, Monroe, Counsel for Appellant.

David R. Cook, Shreveport, Lunn, Irion, Johnson, Salley & Carlisle by J. Martin Lattier, Brian D. Smith, Shreveport, Counsel for Appellee.

Before NORRIS, STEWART and DREW, JJ.

DREW, J.

Larry Stacy suffered a fractured skull while working at Minit Oil Change when another employee struck him on the forehead with a metal pipe. Minit Oil Change appeals a judgment awarding Stacy workers' compensation benefits, arguing that Stacy was the initial physical aggressor in the dispute, he was injured as the result of *930 his willful intent to injure another and the dispute was personal in nature and unrelated to Minit Oil Change's interests.

We affirm.

FACTS

Minit Oil Change ("Minit") operates several car wash and oil change service locations in Shreveport, including one on Southfield Road.[1] The car wash and the oil change business at the Southfield location are situated next to each other. Claimant Larry Stacy ("Stacy") was employed in the car wash section at the Southfield site.

On the morning of October 10, 1996, Stacy was working in the front area of the car wash, drying the cars as they exited an automated car wash. Another employee, James Stevenson ("Stevenson"), offered Stacy some of the homemade cookies he had brought to work. Stevenson's generosity apparently diminished when he accused Stacy of eating too many of the cookies. The two began arguing, an argument described as "loud" by Sheila Mc-Donald, the assistant manager in the car wash section.

The employees eventually returned to their work, with Stevenson going to the rear of the car wash. Stacy soon began drying a Jeep which had just came out of the automatic car wash. The Jeep's owner, noticing that bugs remained on his vehicle, asked Stacy to remove the bugs. Stacy returned the Jeep to the rear of the car wash, where Stevenson was washing cars. As Stacy exited the Jeep, Stevenson grabbed Stacy and pushed him up against the vehicle, asking him what he was doing and if he thought Stacy was the "boss." The pair began wrestling until Stacy slipped. When Stacy returned to his feet, Stevenson tried to hit him with a paint bucket, but stopped when the bucket's handle broke. Stevenson then left Stacy's presence. Stacy testified that he next saw Stevenson, now holding a long pipe, standing near Jay Fawcett, Minit's manager. Thinking to himself, "ain't no sense in me going over there without nothing in my hand because I didn't know what he was going to do," Stacy grabbed a piece of pipe and approached Stevenson. When Stacy reached Fawcett and Stevenson, Fawcett asked the two to give him their pipes. The last thing Stacy remembered before getting hit was he and Stevenson giving their pipes to Fawcett when Stevenson made a motion at him. Although Stacy was giving Fawcett his pipe and Fawcett had his hands on it, Stacy was still holding his own pipe. Stacy was also trying to hold Stevenson's pipe because he did not want Stevenson to hit him with it. Stacy related that as he complied with Fawcett's request, Stevenson hit him on the head. Stacy was transported to LSU Medical Center, where surgery repaired his fractured skull. A metal plate was placed in his head.

On October 23, 1996, Stacy filed a disputed claim for compensation form against Minit. In its answer, Minit denied that Stacy was performing services arising out of and in the course and scope of his employment at the time he was injured. Minit further maintained that Stacy's injury arose out of a personal dispute with another employee over matters unrelated to his employment, Stacy was the initial physical aggressor in an unprovoked physical altercation and Stacy was injured as the result of his own willful intent to injure another.

Trial in this matter was held on November 21, 1997. The WCJ heard testimony from Daniel Shane Boyette, the assistant manager in the oil change section at this Minit location. Boyette remembered Fawcett coming over to the oil change area and saying he needed a large person to help him. Boyette at first thought Fawcett was joking, but then he eventually *931 followed Fawcett to where Stacy and Stevenson were. Boyette observed the pair wrestling with a pipe. Boyette thought that Stacy was the only one who had the pipe when he first observed them, then that Stacy and Stevenson both had hands on the pipe, fighting for the pipe until Stevenson gained control. He next saw Stevenson strike Stacy on the head with a pipe he described as measuring between 30 and 36 inches in length. Stacy did not have anything in his hands when he was struck. The only blow Boyette witnessed was when Stevenson struck Stacy on the forehead. Boyette testified that he saw only one pipe and that he did not notice any other pipes lying around.

The WCJ rendered judgment in favor of Stacy, awarding benefits of $91 per week for 30 weeks and medical expenses for Stacy's physical injuries subject to the workers' compensation fee schedule.

DISCUSSION

The factual findings of the WCJ are entitled to great discretion and will be reversed only on a showing of manifest error. Alexander v. Pellerin Marble & Granite, 93-1698 (La.1/14/94), 630 So.2d 706; Smalley v. Integrity, Inc., 31,247 (La. App.2d Cir.12/9/98), 722 So.2d 332. The manifest error standard of appellate review applies equally when some of the evidence includes written reports, records and depositions. Allen v. Misco Paper, 27,146 (La.App.2d Cir.8/23/95), 660 So.2d 175.

The WCJ heard testimony from Stacy, Boyette, McDonald and Bill Lowdermilk, Minit's owner. Fawcett's deposition was filed into the record because he did not appear at the hearing after being subpoenaed. James Stevenson, who struck the claimant, also failed to appear at the hearing despite being subpoenaed. Both parties stipulated that no adverse presumption would be drawn from Stevenson's absence.

The WCJ apparently believed Stacy's version of events, commenting that she appreciated his honesty about his past problems. She found his testimony to be overall at least consistent with Boyette's testimony. We note that Stacy was the only witness testifying who observed what occurred up until the point both Stacy and Stevenson picked up pipes. The WCJ characterized Boyette as a "great witness," believing his testimony and wishing he had seen more of the fight while recognizing that Boyette came upon the fight at a late stage. The WCJ, in summarizing Boyette's testimony, recalled that Boyette "saw them both with a pipe" and thought that this corroborated Stacy's testimony. The WCJ was incorrect because Boyette testified that he saw only one pipe. When Stacy was asked whether he agreed with Boyette's statement that there only one pipe involved in the fight, Stacy insisted that two pipes were used. Nonetheless, the WCJ still believed Stacy's testimony was overall consistent with Boyette's testimony and inconsistent with Fawcett's testimony.

The WCJ did not find the testimony by Boyette and Fawcett to be entirely consistent. Aubrey Jay Fawcett testified that he was the manager of Minit's Southfield location. Fawcett remembered seeing Stevenson searching for a pipe, and when Fawcett asked Stevenson why he was doing this, Stevenson responded that he needed a pipe because Stacy was getting a pipe.

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

Related

Washington v. Gallo Mechanical Contractors, LLC
221 So. 3d 116 (Louisiana Court of Appeal, 2017)
Wilson v. General Motors Corp.
37 So. 3d 602 (Louisiana Court of Appeal, 2010)
Wells v. Higginbotham
989 So. 2d 848 (Louisiana Court of Appeal, 2008)
Stacy v. Minit Oil Change, Inc.
874 So. 2d 384 (Louisiana Court of Appeal, 2004)
Jackson v. Quikrete Products, Inc.
816 So. 2d 338 (Louisiana Court of Appeal, 2002)

Cite This Page — Counsel Stack

Bluebook (online)
742 So. 2d 929, 1999 La. App. LEXIS 1897, 1999 WL 396003, Counsel Stack Legal Research, https://law.counselstack.com/opinion/stacy-v-minit-oil-change-lactapp-1999.