Gibberd v. Control Data Corporation

424 N.W.2d 776 (1988)

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Gibberd v. Control Data Corporation

Minnesota Supreme Court
424 N.W.2d 776 (1988)

Facts

Raymond P. Gibberd worked for Control Data Corporation (CDC) (defendant) as a computer consultant. Gibberd was a salaried employee who often worked nights and weekends, when fewer CDC employees were using the computers. Most CDC employees worked during the day shift, and CDC had a cafeteria that was open only during the day shift. However, vending machines and a microwave were always available. On the evening of August 26, 1985, Gibberd was working late repairing a computer. Gibberd left the CDC building to go to a nearby Wendy’s fast-food restaurant, located approximately 0.7 miles away. Employees often went to Wendy’s for meals. The CDC building was located in an inner-city area of St. Paul, Minnesota, that was considered economically depressed. CDC had a corporate policy of locating its work facilities in such areas. The area where this building was located had a higher crime rate than some areas in St. Paul but also had a similar crime rate to other areas of St. Paul, such as downtown St. Paul. Over the five previous years, employees had reported primarily minor crimes such as purse thefts, and only two had experienced assaults. While Gibberd was returning to work from Wendy’s, he was shot and killed by a third party. The person was never apprehended, and no motive for the killing was ever uncovered. Gibberd’s dependents (plaintiffs) filed a claim for workers’-compensation death benefits. The workers’-compensation judge concluded that the claim was not compensable, and the workers’-compensation court of appeals reversed. CDC appealed.

Rule of Law

Issue

Holding and Reasoning (Kelley, J.)

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