Timmons v. Silman

761 So. 2d 507, 2000 WL 631269
Supreme Court of Louisiana·Decided May 16, 2000·No. 99-C-3264·Published·Cited by 33 cases

Opinion

761 So.2d 507 (2000)

Michael TIMMONS and Wanda Timmons
v.
Stacie Michelle SILMAN and State Farm Fire and Casualty Company and State Farm Mutual Auto Insurance.

No. 99-C-3264.

Supreme Court of Louisiana.

May 16, 2000.
Rehearing Denied June 16, 2000.

*509 Joe D. Guerriero, Guerriero & Guerriero, Monroe, Counsel for Applicant.

Jan Peter Christiansen, Hudson, Potts & Bernstein, Monroe; Charles S. Smith, Hayes, Harkey, Smith & Cascio, Monroe, Counsel for Respondent.

KNOLL, Justice.[*]

The writ before us concerns whether an employee's deviation from an employment related errand is so substantial as to render her deviation outside the course and scope of employment. During the deviation, a multi-vehicle accident occurred between Stacie Michelle Silman (Silman), Michael Timmons, and Bobby Hamilton (Hamilton)[1] in the intersection of 18th Street and Stubbs Avenue in Monroe, Louisiana. In addition to filing suit against Silman and her motor vehicle insurer for injuries arising out of the accident, Michael Timmons and his wife, Wanda, (the Timmonses) filed suit against the insurer of Silman's employer, State Farm Fire and Casualty Insurance Company (State Farm), alleging that Silman's employer was vicariously liable for the damages arising out of Silman's fault. The trial court and court of appeal held that Silman's deviation was not in the course and scope of her employment, concluding that at the time of the accident she was on a personal errand unrelated to her employment. After a careful review of the record and applicable law, we conclude that the lower courts were correct in finding that Silman was not within the course and scope of her employment due to her substantial deviation from her employment duties. Accordingly, we affirm the lower courts.

Facts

Silman had been employed by attorney Catherine Stagg (Stagg) as a clerical assistant in Monroe, Louisiana for six months. As part of her duties as a clerical assistant, Silman ran errands, including traveling to the downtown post office to pick up the firm's mail and get postage for the firm's postage meter and also to the Central Bank located on the corner of North 18th Street and Stubbs Avenue to make firm deposits.

During an office Christmas luncheon on the day of the accident, Silman received her Christmas bonus check from Stagg. Shortly after returning to the office from lunch, Stagg instructed Silman to go to the post office and refill the firm's postage meter, and expected her to return with the filled meter. This task would require Silman to either walk or drive her car southwest four blocks to Monroe's downtown branch of the United States Post Office. Silman, using her personal vehicle to go to the post office, refilled the firm's postage meter and put it in her car. Rather than return to the firm, she then decided to embark on a personal errand and proceeded to the bank to cash her Christmas bonus check. On her way to the bank, she passed within one or two blocks of the firm without stopping to return the postage meter, and traveled northeast eighteen blocks *510 beyond her place of employment. There was a branch of Central Bank located between the post office and her place of employment, but Silman was unaware of its location and did not use this branch bank. Before she reached the bank, Silman made a left turn in the path of an oncoming car in the intersection of North 18th Street and Stubbs Avenue and was thrust into Michael Timmons's car as he sat at the traffic light on Stubbs Avenue.

Procedural History

The Timmonses filed suit against Silman, her automobile liability insurer, and Stagg's insurer, State Farm.[2] The Timmonses claimed that Silman was in the course and scope of her employment with Stagg at the time of the accident, and, therefore, Stagg was vicariously liable. State Farm filed a motion for summary judgment on the issue of Stagg's vicarious liability, alleging Silman's deviation to the bank was not within the course and scope of her employment with Stagg. The trial court granted State Farm's motion for summary judgment, dismissing it from the litigation, and the court of appeal affirmed. Timmons v. Silman, 28,139 (La.App. 2 Cir. 5/10/96), 675 So.2d 287. On a writ of certiorari to this Court, we granted the Timmonses' application, vacated and set aside the lower courts' judgments, and remanded the matter for a trial stating that genuine issues of material fact remained precluding summary judgment. Timmons v. Silman, 96-1724 (La.10/11/96), 680 So.2d 661.

After the case was remanded and transferred to another division of the district court, the Timmonses moved for summary judgment on the same issue regarding whether Silman was in the course and scope of her employment with Stagg at the time of the accident. The trial court granted the Timmonses' motion and it was State Farm who then applied to the Second Circuit for relief. The appellate court granted State Farm the relief it requested, that is, a denial of the Timmonses' summary judgment motion, and remanded the case to the trial court for a trial on the merits.

After a bench trial, the court dismissed State Farm finding that Stagg was not vicariously liable as Silman was not in the course and scope of her employment at the time of the accident due to her personal deviation. The court of appeal affirmed. Timmons v. State Farm Fire & Cas. Ins. Co., No. 30,036 (La.App. 2 Cir. 5/29/97) (unpublished opinion). We granted certiorari to determine the correctness of the lower courts' judgments. Timmons v. Silman, 99-3264 (La.2/4/00), 753 So.2d 842, 2000 La. LEXIS 380.

Law and Discussion

Under Louisiana law, an employer is answerable for the damage occasioned by its servants in the exercise of the functions in which the servant is employed. La. Civ.Code art. 2320. Specifically, an employer is liable for its employee's torts committed if, at the time, the employee was acting within the course and scope of his employment. Baumeister v. Plunkett, 95-2270 (La.5/21/96), 673 So.2d 994, 996. An employee is acting within the course and scope of his employment when the employee's action is "of the kind that he is employed to perform, occurs substantially within the authorized limits of time and space, and is activated at least in part by a purpose to serve the employer." Orgeron v. McDonald, 93-1353 (La.7/5/94), 639 So.2d 224, 226-27. An employee may be within the course and scope of his employment yet step out of that realm while engaging in a personal mission. See Denis Paul Juge, Louisiana Workers' Compensation § 8:8, at 8-59 (2nd ed.1999).

The mere fact that an employee is performing a personal errand while on an employment related errand does not automatically *511 compel the conclusion that the deviation removes the employee from the course and scope of employment. Generally, "[a]n identifiable deviation from a business trip for personal reasons takes the employee out of the course of employment until the employee returns to the route of the business trip, unless the deviation is so small as to be disregarded as insubstantial." 1 Larson's Workers' Compensation Law § 17-1 (emphasis added); see also Malone & Johnson, 13 Louisiana Civil Law Treatise, Workers' Compensation § 174, at 405 & n. 1.

Silman was clearly within the course and scope of her employment when she traveled to the post office to re

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