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Harris v. Sears, Roebuck & Company

485 So. 2d 965 (1986)

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Harris v. Sears, Roebuck & Company

Louisiana Court of Appeal
485 So. 2d 965 (1986)

Facts

Leroyal Harris, Sr., worked at a warehouse of Sears, Roebuck & Company (Sears) (defendant). Shortly after Harris arrived to work one morning, the warehouse began to flood due to heavy rain. When the warehouse-floor area was covered in six to eight inches of rain, employees were told they could leave, but Harris decided to stay to see whether the rain would continue. As the day went on, the water reached the glove compartments of cars parked in the parking lot. When the warehouse was completely flooded, Harris decided to leave. Some Sears repair technicians were pushing cars to higher ground, and Harris’s supervisor advised Harris to wait until the technicians were available to help Harris, but Harris decided to leave without waiting. Harris had driven his car less than a block when his car began to float and was swept away. Harris crawled on top of his car and Sears technicians tried to save him, but Harris drowned. Harris’s widow, Consuela Moses (plaintiff), filed a claim for workers’-compensation benefits. The trial court found in Moses’s favor, and Sears appealed, arguing that because Harris was killed while on his way home, the going-and-coming rule precluded Moses’s claim for benefits.

Rule of Law

Issue

Holding and Reasoning (Grisbaum, J.)

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