Huey v. RGIS Inventory Specialists
2014 Miss. App. LEXIS 178
Miss. Ct. App.2014Background
- Huey, RGIS Inventory Specialists employee, injured January 19, 2009 while traveling from Jackson, MS to Manchester, TN.
- The collision occurred on I-59/20 in Livingston, Alabama during Huey’s trip for work.
- Huey nearly collided with Crawley’s car; Crawley swerved, recovered, then pursued Huey.
- Huey stopped in the right lane and was hit from behind by an 18-wheeler; Huey had not fully stopped and sought to engage with Crawley.
- Trooper Wilson testified both drivers admitted driving aggressively; Huey claimed he stopped for a possible road-rage incident, not for exchange of information.
- The administrative judge (AJ) found Huey not in the course and scope of employment; the Commission affirmed; Huey appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Huey was in the course and scope of employment when injured | Huey asserts he remained on the job travel path and that a traveling employee’s travel is work-related. | RGIS contends Huey abandoned the trip by engaging in a road-rage incident, breaking the course of employment. | Huey not in course and scope; substantial evidence supports deviation finding. |
| Whether the record supports a deviation (abandonment) theory | Huey’s version shows no clear abandonment; accident arose from travel and traffic, not personal errand. | Record supports that Huey stopped to engage in a road-rage confrontation, deviating from the trip. | Record supports deviation; Commission’s credibility assessment upheld. |
| Whether there is direct causal connection between Huey's work and injury | Traveling employee risks include work-related travel; accident occurred during that travel. | Injury resulted from personal confrontation unrelated to employment. | No direct causal connection found; injury not compensable. |
Key Cases Cited
- White v. Superior Prods., Inc., 515 So.2d 924 (Miss. 1987) (credibility of claimant’s testimony; Commission can reject it)
- S. Cent. Bell Tel. Co. v. Aden, 474 So.2d 584 (Miss. 1985) (standard for substantial evidence in reviewing factual findings)
- King v. Norrell Servs., Inc., 820 So.2d 692 (Miss. Ct. App. 2000) (traveling employee work-related risk; deviations defined)
- Bryan Bros. Packing Co. v. Dependents of Murrah, 106 So.2d 675 (Miss. 1958) (deviation concept in traveling employee context)
- Estate of Brown ex rel. Brown v. Pearl River Valley Opportunity, Inc., 627 So.2d 308 (Miss. 1993) (definition of abandonment in deviation analysis)
- Westmoreland v. Landmark Furniture, Inc., 752 So.2d 444 (Miss. Ct. App. 1999) (undisputed testimony generally accepted as true; credibility by fact-finder)