Tolliver v. FRIEND TIRE CO.
2011 Mo. App. LEXIS 823
Mo. Ct. App.2011Background
- Employee Tolliver, employed by Friend Tire Company for just under 90 days, was discharged in March 2010 after a truck collision at an overpass.
- While unfamiliar with the route, Tolliver relied on a GPS and could not locate the truck’s height in the cab; the height was not posted in that vehicle.
- He approached an 11-feet-2-inches high overpass; the truck struck the bridge, with the height exceeding the overpass by 14 inches.
- Employee was driving approximately 28 mph in a single lane; he claimed he believed the truck would clear the overpass, despite not knowing its height.
- Employer discharged Tolliver a day later for a preventable major accident and alleged misconduct connected with work; Tolliver applied for unemployment benefits and the Employer protested.
- Labor and Industrial Relations Commission affirmed the Tribunal’s decision finding Tolliver disqualified for misconduct; Tolliver appeals to the Missouri Court of Appeals.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the discharge was for misconduct connected with work | Tolliver argues the act was an error in judgment, not misconduct | Employer contends Tolliver failed to know the truck’s height and that constitutes misconduct | Discharged conduct did not show willful misconduct; not substantial disregard |
| Whether the evidence supports disqualification under Missouri unemployment statute | Evidence shows isolated negligence, not willful misconduct | Failure to know height and resultant accident shows disregard of duties | Commission erred; isolated negligence not misconduct; reversal and remand |
Key Cases Cited
- Yellow Freight System v. Thomas, 987 S.W.2d 1 (Mo. App. W.D. 1998) (isolated act of negligence not misconduct)
- Dixon v. Division of Employment Sec., 106 S.W.3d 536 (Mo. App. W.D. 2003) (competent evidence standard; weight given to findings)
- Tenge v. Washington Group Intern., Inc., 333 S.W.3d 492 (Mo. App. E.D. 2011) (honest belief in following safety rules can show lack of willful misconduct)
- Nevettie v. Wal-Mart Associates, Inc., 331 S.W.3d 723 (Mo. App. E.D. 2011) (poor workmanship or error alone not misconduct)
- Dobberstein v. Charter Communications, Inc., 241 S.W.3d 849 (Mo. App. E.D. 2007) (ordinary negligence in isolated instances not work-connected misconduct)
- Hoover v. Community Blood Center, 153 S.W.3d 9 (Mo. App. W.D. 2005) (lack of judgment not automatically misconduct)
- St. John's Mercy Health System v. Div. of Employment Sec., 273 S.W.3d 510 (Mo. banc 2009) (liberal construction of unemployment provisions; strict disqualification against)
- Williams v. Enterprise Rent-A-Car Shared Services, LLC, 297 S.W.3d 139 (Mo. App. E.D. 2009) (misconduct question reviewed de novo)