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WRIGHT v. BI-LO2/22/1994
This is a workers' compensation case. Earl Wright was forty-eight years old and worked as a courtesy clerk at Bi-Lo, Inc. His principal duty was bagging groceries, but he died of a heart attack while pursuing a suspected shoplifter. The Full Commission denied compensation, finding his pursuit of the suspected shoplifter was outside the course and scope of his employment and in direct and intentional violation of a specific and express policy against pursuing or detaining shoplifters. The Circuit Court affirmed. On appeal, Wright's widow challenges this ruling, the exclusion of certain evidence as hearsay, and the admission of other evidence. We affirm.
Bi-Lo had a specific policy regarding employee involvement in the detection and prevention of shoplifting, as well as the apprehension of suspected shoplifters. Hourly wage earners, including Wright, were prohibited from approaching or apprehending suspected shoplifters. Their role was limited to observing suspected shoplifters and reporting their suspicions to management. From that point on, management had the sole authority and responsibility for approaching and apprehending suspected shoplifters. The purpose of this policy was two-fold: to protect the store from potential liability for the acts of its employees and to protect its employees from personal injury .
Wright died on Monday, August 19, 1991. On the Tuesday
On the Friday before his death, Wright became suspicious of some customers who asked him about an out-of-stock item. He reported his suspicions to his immediate supervisor, the customer service manager. Upon inquiry, he told the service manager he had not actually seen the customers conceal the item or walk out of the store with it. The service manager said there was nothing they could do about it under those circumstances. As the service manager turned around, Wright went out the door in apparent pursuit of the suspected shoplifters. The service manager went outside and told Wright he was never to chase a suspected shoplifter. He also told Wright his role was limited to observing suspected shoplifters and reporting his suspicions to management.
On the day of Wright's death, the customer service supervisor (not the same person as the customer service manager) observed a customer leaving the store with some meat. He called security on the microphone and walked outside, where he observed the customer running in the parking lot. Wright came outside behind him, and the supervisor told him to go back inside. Wright refused, stating that he was "going after" the fleeing suspect. The supervisor told him "no," and again told him to go back inside. Wright jumped on his moped and gave chase.
As Wright headed out on his moped, the customer service manager came outside. He began waving his arms and screaming at Wright to go back inside the store. Wright ignored him and continued the chase. Four hours later, Wright was found lying by his moped, dead of a heart attack.
COURSE AND SCOPE OF EMPLOYMENT
The question of whether an accident arises out of and is in the course and scope of employment is largely a question of fact for the Full Commission. Grice v. National Cash Register Co., 250 S.C. 1, 156 S.E.2d 321 (1967). Our review of factual issues is limited to whether substantial evidence supports the decision of the Full Commission. Hunter v. Patrick Constr. Co., 289 S.C. 46, 344 S.E.2d 613 (1986).
The controlling question in the present case is whether Wright stepped outside the scope of his employment by violating the store's rules on shoplifters. Our Supreme Court has succinctly stated the applicable law on this question:
ot every violation of an or
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