Total Transportation, Inc. of Miss., et al. v. Shores
| Docket Number: | 2005-CT-01951-SCT Linked Case(s): 2005-WC-01951-COA ; 2005-WC-01951-COA ; 2005-CT-01951-SCT ; 2005-CT-01951-SCT |
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| Supreme Court: | Opinion Link Opinion Date: 09-20-2007 Opinion Author: EASLEY, J. Holding: THE JUDGMENT OF THE COURT OF APPEALS IS AFFIRMED. THE JUDGMENT OF THE CIRCUIT COURT OF RANKIN COUNTY IS REVERSED AND RENDERED |
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| Additional Case Information: |
Topic: Workers’ compensation - Third-party assault - Contributing cause Judge(s) Concurring: SMITH, C.J., WALLER, P.J., CARLSON, RANDOLPH AND LAMAR, JJ. Judge(s) Concurring Separately: DICKINSON, J. CONCURS IN PART Dissenting Author : DIAZ, P.J. Dissent Joined By : GRAVES, J. Procedural History: Admin or Agency Judgment Nature of the Case: CIVIL - WORKERS' COMPENSATION Writ of Certiorari: Yes Appealed from Court of Appeals |
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| Trial Court: |
Date of Trial Judgment: 09-19-2005 Appealed from: RANKIN COUNTY CIRCUIT COURT Judge: Samac Richardson Disposition: Affirmed the Commission's decision to award Appellee death benefits |
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| Note: | DICKINSON, J. | |
| Party Name: | Attorney Name: | |||
| Appellant: | TOTAL TRANSPORTATION, INC. OF
MISSISSIPPI AND PROTECTIVE INSURANCE
COMPANY |
JEREMY LLOYD CARLSON
JEFFREY A. WALKER
EVE GABLE |
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| Appellee: | GERRY LYNN SHORES, WIDOW AND DEPENDENT OF PHILLIP SHORES, DECEASED | TINA LORRAINE NICHOLSON |
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Synopsis provided by:  If you are interested in subscribing to the weekly synopses of all Mississippi Supreme Court and Court of Appeals hand downs please contact Tammy Upton in the MLI Press office. |
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| Topic: | Workers’ compensation - Third-party assault - Contributing cause |
| Summary of the Facts: | Phillip Shores and his wife, Lynn Shores, were employed by Total Transportation, Inc., of Mississippi as an over-the-road trucking team. While on the road, the Shoreses began having trouble with their truck and located a Petro station in Laramie, Wyoming, to have the truck repaired. Prior to reaching the Petro station, Lynn dropped off Shores at a Sinclair Fuel Center because he wanted to get away from the truck and get something to eat. When Lynn drove the truck back to the Petro station for the needed repairs, she was unable to locate her husband. While waiting for her husband, Lynn checked to see if he had made an airline or bus reservation and called Total's dispatcher to see if he had checked in with Total, with no success. Lynn testified that, while waiting for Shores, she thought he might have been angry enough with Total to quit. It was later determined that Shores had entered a bar at the station around 3:00 p.m. and had stayed until 2:00 a.m. when the bar closed. After the bar closed, Shores asked Christopher Shandy for a ride to the Petro station. In the parking lot, Shandy pulled a gun on Shores, ordered him to get in the car, and drove toward the Petro station. Shandy said Shores became nervous when they passed the Petro station and attempted to jump from the moving vehicle. Shandy admitted shooting Shores in the back as he exited the vehicle. Shores bled to death after jumping a fence. Lynn eventually filed suit against Total and its insurance carrier, seeking workers' compensation benefits for the death of her husband. The administrative law judge entered an order awarding death benefits to Lynn. Total appealed to the Mississippi Workers’ Compensation Commission which affirmed the ALJ’s ruling. Total appealed to circuit court which also affirmed. Total appealed, and the Court of Appeals reversed the judgment of the circuit court. The Supreme Court granted certiorari. |
| Summary of Opinion Analysis: | Total argues that the Commission erred in holding that the third-party assault on Shores was directed against him because of his employment. When an employee's injury or death was caused by a third-party intentional act, it must be shown that such willful act was directed against the employee because of his employment while so employed and working on the job. There must be a direct connection between the employment and the injury, more than “the merely furnishing of an opportunity" to the third party to commit the assault. As such, the employment must be a contributing cause of the willful act of the third party, as opposed to merely being a contributing cause of the employee being present at the place where the assault occurred. As the Court of Appeals stated, “. . . Shores's employment did not require him to be in Foster's Bar at 2:00 a.m. His employment required him to visit truck stops, not the bars located in or near truck stops.” Shores entered the bar around 3:00 p.m. and stayed there for approximately eleven hours. Although he did eat, Mr. Shores stayed at the bar in order to drink and play pool. He withdrew his weekly paycheck of more than $ 400 to buy drinks for himself and other patrons. Witnesses described Shores as intoxicated. The Court of Appeals correctly determined that the Commission expanded the relevant law by finding that Shores’s death, which was caused by a third-party intentional act, was directed against him because of his employment and therefore compensable. |
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