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American Indemnity Co. v. Foy Trailer Rentals11/28/2000
eme Court defined "arising out of" as follows:
Generally, an injury arises out of and in the course of the employment if it has a rational causal connection to the work and occurs while the employee is engaged in the duties of his employment; and, any reasonable doubt as to whether an injury "arose out of the employment" is to be resolved in favor of the employee. Great American Indemnity Company v. Fridell, 198 Tenn. 360, 280 S.W.2d 908 (1955); Tapp v. Tapp, 192 Tenn. 1, 236 S.W.2d 977 (1951).
"The phrase, `in the course of,' refers to time and place, and `arising out of,' to cause or origin; and an injury by accident to an employee is `in the course of' employment if it occurred while he was performing a duty he was employed to do; and it is an injury `arising out of' employment if caused by a hazard incident to such employment."
We have said that an injury arises out of the employment "when there is apparent to the rational mind, upon consideration of all the circumstances, a causal connection between the conditions under which the work required to be performed and the resulting injury." T.J. Moss Tie Co. v. Rollins, 191 Tenn. 577, 235 S.W.2d 585 (1951). Anderson, 989 S.W.2d at 279-80 (further citations omitted).
There is a fine line to be drawn between those personal injuries which arise out of the employment and those injuries which are purely personal in nature that occur during employment. Taking Ms. Johnson's complaints as averred, we believe that the alleged acts of the Appellants arose because of the concern surrounding the time-off Ms. Johnson would have to take due to her pregnancy. However, the remarks that Ms. Johnson allegedly endured can be considered nothing other than purely personal in nature. Because we find that the remarks allegedly said to Ms. Johnson were purely personal in nature, we find that no coverage existed under "Coverage B."
American Indemnity Company contends that, had we found coverage to exist under the policy, two additional exclusions would apply. Because this court found that no coverage existed under "Coverage B.," however, this court does not find it necessary to discuss the exclusions contained in the American Indemnity Company policy.
Conclusion
We have determined, as a matter of law, that American Indemnity Company's policy does not cover any of Ms. Johnson's complaints against the Appellants. Accordingly, we affirm the trial court's grant of summary judgment to American Indemnity Company. The costs of this appeal are taxed to the Appellants, Foy Trailer Rentals, Inc., Michael Rivalto, and Pamela Hinman, and their sureties, for which execution may issue if necessary.
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