Tramel v. State Farm Fire & Casualty Co.

830 S.W.2d 754, 1992 WL 96063
CourtCourt of Appeals of Texas
DecidedJune 10, 1992
Docket2-91-064-CV
StatusPublished
Cited by18 cases

This text of 830 S.W.2d 754 (Tramel v. State Farm Fire & Casualty Co.) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Tramel v. State Farm Fire & Casualty Co., 830 S.W.2d 754, 1992 WL 96063 (Tex. Ct. App. 1992).

Opinion

OPINION

JOE SPURLOCK, II, Justice.

Suzanne Renee Tramel and her husband Rory Tramel, appeal from the granting of a summary judgment in favor of State Farm Fire & Casualty Company, appellee. In five points of error the Traméis state that the trial court erred in granting State Farm’s motion for summary judgment and in denying their motion. They claim that material fact issues exist as to whether Suzanne Tramel was acting in the course and scope of her employment at the time of her injuries. Specifically, they argue that Suzanne was entitled to workers’ compensation under both the “special mission” and “dual purpose” doctrines of the Texas Workers’ Compensation Act. TEX.REV. CIV.STAT.ANN. art. 8309, sec. lb (Vernon 1967). The Traméis contend in a sixth point of error that it was error for the trial court to dispose of their contractual claims for breach of duty of good faith and fair dealing, and allegations that State Farm violated the Texas Insurance Code and Texas Deceptive Trade Practices Act.

We affirm.

On the morning of December 31, 1987, a Thursday, Suzanne Tramel left her home to go either to her place of employment, or to the bank just prior to proceeding to work. While en route, she was involved in an auto accident and seriously injured. There is ample evidence in the record that Suzanne, at the direction of her employer, regularly went to the bank on Thursdays to obtain cash necessary to operate the hair salon where she worked. State Farm does not concede that Suzanne was on her way to the bank when the accident occurred, but for purposes of supporting its motion for summary judgment and in responding to *756 this appeal, State Farm assumes arguendo that Suzanne was going to the bank prior to proceeding to the hair salon.

The route to work and the route to the bank are the same for some distance. Proceeding to the bank, however, requires traveling down Matlock Road in Arlington for some distance beyond her place of employment. The accident occurred on that portion of the route common to a trip to either the hair salon alone or to the bank.

We must determine whether State Farm met its burden for summary judgment by establishing that there exists no genuine issue of material fact and that it is entitled to judgment as a matter of law. City of Houston v. Clear Creek Basin Authority, 589 S.W.2d 671, 678 (Tex.1979); TEX.R.CIV.P. 166a.

As the accident in question occurred in 1987, the facts and disposition of this case are governed by the laws in place prior to the workers’ compensation reform measures which became effective in 1991. Specifically, injuries occurring during transportation or travel are governed by TEX.REV.CIV.STAT.ANN. art. 8309, see. 1b (Vernon 1967), as follows:

Transportation or travel as basis for claim for injury
Sec. lb. Unless transportation is furnished as a part of the contract of employment or is paid for by the employer, or unless the means of such transportation are under the control of the employer, or unless the employee is directed in his employment to proceed from one place to another place, such transportation shall not be the basis for a claim that an injury occurring during the course of such transportation is sustained in the course ‘of employment. Travel by an employee in the furtherance of the affairs or business of his employer shall not be the basis for a claim that an injury occurring during the course of such travel is sustained in the course of employment, if said travel is also in furtherance of personal or private affairs of the employee, unless the trip to the place of occurrence of said injury would have been made even had there been no personal or private affairs of the employee to be furthered by said trip, and unless said trip would not have been made had there been no affairs or business of the employer to be furthered by said trip.

Id. Under this statute, in order to be entitled to compensation coverage while traveling or being transported, the employee’s trip must occur within one of the four exceptions set out in the first sentence of the statute. The second sentence of the statute is the additional requirement that must be met if the worker is acting in a “dual purpose,” or furthering both the affairs of himself and that of the business. If the trip is for a “dual purpose,” both parts of the statute must be met by the employee in order to be entitled to coverage. Janak v. Texas Employers’ Ins. Ass’n, 381 S.W.2d 176, 180 (Tex.1964). An injury that occurs while traveling to and from work is considered a personal and private affair of the employee and is not compensable under the Texas Workers’ Compensation Act. Evans v. Illinois Emp. Ins. of Wausau, 790 S.W.2d 302, 304 (Tex.1990).

The Traméis claim that Suzanne was “directed in her employment to proceed from one place to another place,” or directed by the owner of the business to go on a “special mission” to the bank as part of her job duties. They cite Freeman v. Texas Compensation Ins. Co., 586 S.W.2d 172 (Tex.Civ.App.—Fort Worth 1979), aff'd, 603 S.W.2d 186 (Tex.1980) as authority for their position that Suzanne was on a “special mission” at the time of the accident. In Freeman, the employee was at his regular place of business for some time, then was directed by his employer to go take a polygraph exam at another location. Freeman, 586 S.W.2d at 175. The employee was killed while returning from taking the polygraph exam. Id. The Texas Supreme Court concluded that a “special mission” is one in which the employee is directed to travel from one work site to another. Freeman, 603 S.W.2d at 192.

State Farm relies upon Evans, 790 S.W.2d at 302. In Evans, two employees were injured while traveling directly to a *757 safety meeting from their homes. Id. at 303. The meetings were conducted away from the regular work site, and were scheduled every Monday morning. Id. In concluding that the workers were not on a “special mission,” the Texas Supreme Court held that traveling to the safety meeting was an integral and regular part of their job, such that when they were on their way to the safety meeting this was tantamount to being on their way to work from their homes. Id.

We disagree with the Traméis in their reliance upon Freeman, and believe Evans to be more on point. In Freeman, the employee was already at work and was then directed to proceed to another location on company related business.

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Bluebook (online)
830 S.W.2d 754, 1992 WL 96063, Counsel Stack Legal Research, https://law.counselstack.com/opinion/tramel-v-state-farm-fire-casualty-co-texapp-1992.