Monday, November 9, 2015

No “course and scope” for tragic accident

Originally published by David Coale.

Pinkus, visiting Dallas on business, suffered fatal injuries in a car accident while driving to dinner with his son.  The Fifth Court affirmed summary judgment for his employer’s workers compensation carrier, finding (1) that the “continuous coverage” doctrine did not apply when his trip “merely placed him in a position to take advantage of an opportunity for a ‘distinct departure’ on a ‘personal errand,’” and (2) for the same reasons, the “dual purpose travel” doctrine did not apply either.  A concurrence would have analyzed the dual-purpose doctrine differently, but reached the same result.  Pinkus v. Heartland Casualty, No. 05-14-00892-CV (Nov. 5, 2015).

Curated by Texas Bar Today. Follow us on Twitter @texasbartoday.



from Texas Bar Today http://ift.tt/1PlnSJV
via Abogado Aly Website

No comments:

Post a Comment