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Cauble v. Soft-Play, Inc.

477 S.E.2d 678, 124 N.C. App. 526 (1996)

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Cauble v. Soft-Play, Inc.

North Carolina Court of Appeals
477 S.E.2d 678, 124 N.C. App. 526 (1996)

Facts

Jamey B. Staton worked for Soft-Play, Inc. (defendant) on its equipment-installment crew in Erie County, New York. Because employees had to travel to perform the work in New York, Soft-Play gave the crew a $30 daily per diem and paid for lodging. After work one night, Staton and his supervisor, Thomas Shanahan, drove to a sports bar in an employer-provided rental car. After eating dinner, Staton and Shanahan stayed to watch a ball game. Although both Staton and Shanahan were intoxicated when they left, Shanahan drove them back to their motel. Approximately 100 yards from the motel, Shanahan made an improper left turn into oncoming traffic, and Staton was killed. Shanahan pleaded guilty to criminally negligent homicide and driving while impaired. Staton’s mother, Elaine Cauble (plaintiff), filed a claim for workers’-compensation death benefits. The deputy commissioner awarded Cauble benefits, and the full commission affirmed the award. Soft-Play appealed, arguing that Staton’s injuries did not arise out of and occur within the course of his employment, because remaining to watch a ball game at the sports bar rather than immediately returning to the motel after dinner was a personal detour.

Rule of Law

Issue

Holding and Reasoning (Wynn, J.)

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