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Searcy v. Shoney's Restaurant12/15/1999
As amended April 11, 2000
Application for rehearing may be filed within the delay allowed by art. 2166. La. C.C.P.
CARAWAY, J., dissents with written reasons.
Plaintiff, Rose Searcy, appeals the judgment of the Workers' Compensation Judge ("WCJ") dismissing her claim against her employer, Shoney's Restaurant ("Shoney's"), for workers' compensation benefits and medical expenses. For the reasons stated herein, we affirm.
FACTS AND PROCEDURAL HISTORY
In the early morning hours of April 3, 1997, at approximately 1:45 a.m., Plaintiff, who was riding as a guest passenger in an automobile owned and driven by a co-employee, Mr. Stuart Forwood, was involved in a single-car accident on U.S. Highway 190 in West Baton Rouge Parish. As a result of this accident, Plaintiff sustained severe injuries.
At the time of the accident, Plaintiff was the general manager of Shoney's Restaurant No. 1195, located in West Monroe. She had been promoted to this position from the position of dining room manager of Shoney's Restaurant No. 1185 in Monroe, a position she held for approximately six years. Mr. Forwood was the general manager of Shoney's Restaurant No. 1185 in Monroe and had previously been Plaintiff's supervisor.
On April 2, 1997, Plaintiff and Mr. Forwood attended a mandatory business meeting on behalf of Shoney's in Baton Rouge. According to Plaintiff, the meeting was a "show and tell" regarding upcoming Shoney's promotions. Shoney's general managers and area directors attended the meeting. Both Plaintiff and Mr. Forwood were being paid for the trip, i.e., they were "on the clock" according to Plaintiff; and Mr. Forwood's mileage for the trip was being paid by Shoney's.
Despite the fact that the meeting ended at about 4:00 p.m., Mr. Forwood and Plaintiff remained in Baton Rouge. Plaintiff had previously arranged to meet Ms. Michelle Weeks, another Shoney's employee, for dinner while she was in Baton Rouge. After the meeting, Plaintiff contacted Ms. Weeks and they agreed to meet for dinner at Chili's Restaurant in Baton Rouge. Plaintiff and Ms. Weeks had spoken on the telephone numerous times for business purposes and had developed a friendly rapport, but had never met. In the days immediately preceding the Baton Rouge meeting, they discussed the opportunity to finally meet in person under social circumstances and had agreed to do so after the meeting.
Although the group met at Chili's for dinner, only Ms. Weeks and Mr. Forwood actually ate dinner. Plaintiff testified that she had two glasses of wine, but did not order her own meal, choosing instead to eat intermittently from Mr. Forwood's plate. After dinner, the trio went to three separate bars for drinks and dancing, Glen's, Triple A and The Texas Club. All three consumed alcohol during the course of the evening.
Plaintiff and Mr. Forwood left Baton Rouge at approximately 1:30 a.m. on April 3, 1997, despite Ms. Weeks' attempts to persuade them to remain in Baton Rouge due to the late hour. Plaintiff testified that she informed Mr. Forwood that she had been awake since 3:30 a.m. the previous day and would not be able to assist him in driving or in staying awake. Ms. Weeks also testified that Plaintiff stated she was too intoxicated to help Mr. Forwood drive or stay awake. Soon after beginning the trip, Mr. Forwood fell asleep while driving and his car struck a median rail, became airborne and rolled counter-clockwise onto its top, coming to rest in the left eastbound lane of U.S. Highway 190. Although Mr. Forwood sustained minor injuries, Plaintiff suffered serious injuries as a result of the accident. She returned to her former position with
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