Zoucha v. Touch of Class Lounge1/14/2005
ther tenants in order to share a nebulous control over its geographical confines. Frishkorn v. Flowers, 26 Ohio App. 2d 165, 167, 270 N.E.2d 366, 368 (1971), abrogated in part on other grounds, Brown v. B.P. Am., Inc., 85 Ohio App. 3d 194, 619 N.E.2d 479 (1993). Accord, May Dept. Stores Co., supra; Merrill v. J. C. Penney, 256 N.W.2d 518 (Minn. 1977). As the Frishkorn court explained under the circumstances of that case, n reality, the employer and the other tenants of the . . . Shopping Center, having reciprocal rental rights and privileges, were also accorded the common use and access of the parking area. Logically, to that extent, this was tantamount to an essential expansion of their respective premises for the purpose of adequately serving and furthering their business interests. It follows that the appellant-employee, as well as the employees of the other tenants, derived their similar rights and privileges from the shopping center by virtue of a vested privity in the objectives of their employers.
26 Ohio App. 2d at 168-69, 270 N.E.2d at 369. Accord, May Dept. Stores Co., supra; Merrill, supra. Based on that reasoning, the majority of courts to have addressed the question have concluded that parking lots in shopping malls are part of the premises of employers whose main premises are located within the mall. See, e.g., Turner v. B Sew Inn, 18 P.3d 1070 (Okla. 2000); Livingstone v. Abraham & Straus, Inc., 111 N.J. 89, 543 A.2d 45 (1988); Barnes v. Stokes, 233 Va. 249, 355 S.E.2d 330 (1987); May Dept. Stores Co., supra; Merrill, supra; Adams v. Lemuria, Inc., 738 So. 2d 295 (Miss. App. 1999); Lovato, supra; P.B. Bell & Associates, supra; Montgomery Ward v. Cutter, 64 Or. App. 759, 669 P.2d 1181 (1983); Frishkorn, supra; Rose v. Cadillac Fairview Shopping Center, 668 A.2d 782 (Del. Super. 1995), affirmed 676 A.2d 906 (Del. 1996). See, generally, 1 Larson & Larson, supra.
We find the reasoning of these courts to be persuasive and consistent with established principles of Nebraska workers' compensation law. Therefore, we hold that for workers' compensation purposes, a shopping center parking lot provided for the convenience of, and used by, employees of the businesses located in the center, is considered part of the premises of an employer located in the center. Given that holding, the record in this case establishes beyond dispute that Zoucha was on the premises of her employer when she was assaulted, and the single judge erred in concluding otherwise. Consequently, the review panel and Court of Appeals erred in affirming the order of the single judge.
Likewise, the single judge erred in concluding that Zoucha's injuries did not arise out of and in the course of her employment. The single judge's factual findings conclusively establish that Zoucha was injured while on the premises of her employer and while leaving her employment. "'"As to employees having fixed hours and place of work, injuries occurring on the premises while they are going to and coming from work . . . are compensable . . . ."'" P.A.M. v. Quad L. Assocs., 221 Neb. 642, 648, 380 N.W.2d 243, 247 (1986). Accord 1 Arthur Larson & Lex K. Larson, Larson's Workers' Compensation Law ยง 13.00 (2004). "'An employee leaving the premises of her employer in the usual and customary way after her work is ended is within the course of her employment within the meaning of the [workers'] compensation law.'" P.A.M., 221 Neb. at 648, 380 N.W.2d at 247-48, quoting McDonald v. Richardson County, 135 Neb. 150, 280 N.W. 456 (1938).
In P.A.M., supra, two female restaurant employees were leaving the restaurant late at night, after cleaning the restaurant and locking the doors. One of the employees, P.A.M., w
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