Guillory v. Interstate Gas Station

Supreme Court of Louisiana · 1995 · Torts

TortsWorkers' compensationarising out of employmentin the course of employmentsummary judgmentpersonal disputenon-employment-related disputeworkplace assault

Facts

Teresa Guillory worked for Interstate Gas Station and was stacking cigarettes at her regular workstation inside the station around midnight when her husband shot her three times through the station window from across the highway. Before the shooting, she had ongoing marital problems with him, had filed petitions for divorce and protective orders, and had alleged threats, harassment, and statements that he would kill her. She had asked her manager to let her keep or carry a weapon or to move to a daytime shift, but those requests were denied. In her deposition, she stated that the only motive for the shooting arose out of her marital relationship with her husband.

Issue

Whether the employer was entitled to summary judgment under La. R.S. 23:1031(D) by showing that Guillory's injury arose out of a dispute over matters unrelated to her employment. More specifically, the question was whether this workplace shooting, though occurring in the course of employment, arose from a non-employment-related dispute.

Rule

Under La. R.S. 23:1031(D), an injury is not considered to have arisen out of employment, and is therefore not covered by workers' compensation, if the employer establishes that the injury arose out of a dispute with another person over matters unrelated to the injured employee's employment. Although workers' compensation generally requires that the injury both arise out of and occur in the course of employment, Section 1031(D) relieves the employer of liability when the employer proves the injury resulted from a non-employment-related dispute.

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One of 10 multiple-choice questions for this case. Pick an answer to see why.

Nina Alvarez was working the checkout counter at a convenience store in Baton Rouge when her former fiancé entered and stabbed her. The employer submits uncontested evidence that Nina had recently ended the engagement, obtained a restraining order, and testified in her deposition that the attack was motivated solely by the breakup.

Under the governing rule, is Nina's injury covered by workers' compensation?

Explanation. Workers' compensation requires both that the injury occur in the course of employment and arise out of employment. Under La. R.S. 23:1031(D), however, the injury is not considered to have arisen out of employment if the employer establishes it arose from a dispute with another person over matters unrelated to employment. Here, Nina was clearly in the course of employment, but the undisputed evidence shows the attack stemmed solely from a broken engagement, a personal dispute unrelated to work. Employer negligence is not part of the statutory exclusion.