Kaplan v. Alpha Epsilon Phi Sorority

42 N.W.2d 342 (1950)

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Kaplan v. Alpha Epsilon Phi Sorority

Minnesota Supreme Court
42 N.W.2d 342 (1950)

Facts

Dora Kaplan (plaintiff) was the house mother for the Alpha Epsilon Phi Sorority (defendant) at the University of Minnesota. On October 31, 1947, Kaplan left the sorority house to walk to a nearby drugstore to buy supplies for the sorority’s first-aid kit. Kaplan planned to attend services at her synagogue after she finished at the drugstore. However, as Kaplan was crossing the street near the drugstore, she fell and broke her hip. Kaplan sought workers’-compensation benefits, but the industrial commission denied Kaplan’s claim. The commission concluded that Kaplan’s accident did not arise out of and in the course of her employment because her dominant purpose in leaving the sorority house on the night of the accident had been to take a personal trip to the synagogue. Kaplan appealed to the Minnesota Supreme Court.

Rule of Law

Issue

Holding and Reasoning (Matson, J.)

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