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Hurdle and Son v. Holloway10/5/1999
DATE OF JUDGMENT: 8/27/98
TRIAL JUDGE: HON. HENRY L. LACKEY
COURT FROM WHICH APPEALED: MARSHALL COUNTY CIRCUIT COURT
NATURE OF THE CASE: CIVIL - WORKERS' COMPENSATION
TRIAL COURT DISPOSITION: HOLLOWAY AWARDED WORKERS' COMPENSATION
DISPOSITION: AFFIRMED - 10/05/1999
. This case originated as a proceeding before the Mississippi Workers' Compensation Commission. Michael Holloway sought a determination that injuries he sustained in a vehicle accident were job-related and, thus, compensable. The Commission found for Holloway and Holloway's employer and the employer's compensation carrier appealed that ruling to the Circuit Court of Marshall County with unfavorable result. The employer and carrier have now appealed to this Court seeking a reversal of the Circuit Court's decision to affirm the Commission. Upon review of the record, this Court has decided that the award of compensation should be affirmed.
I. Facts
. Holloway was employed by Hurdle and Son, a partnership engaged in a farming operation in Marshall County. The partners in the business, according to the record, were J. K. Hurdle and his wife, Kay Hurdle. Holloway worked as a farm laborer, completing those tasks of manual labor that were assigned to him. His primary supervisor was J. K. Hurdle but, in J. K. Hurdle's absence, Holloway received instructions from another employee who was also his uncle, Dornell Holloway. Sam Hurdle, the eighteen-year-old son of J. K. Hurdle by a former marriage, also worked in the farming operation and, on occasion, relayed work instructions from his father to the other laborers on the farm.
. The employer waived its statutory exemption and voluntarily assumed liability for benefits to its employees under the state's workers' compensation laws by purchasing workers' compensation insurance as permitted by section 71-3-5 of the Mississippi Code.
. Michael Holloway did not own a vehicle and it was his usual custom to catch rides to and from work with his uncle. The evidence indicated that, when Dornell Holloway was unable for any reason to provide transportation, the Hurdles had a standing policy that either Sam Hurdle or J. K. Hurdle would provide the necessary transportation for Michael Holloway to get to and from the farm.
. On the day that Holloway was injured, he did not ride home at the end of the work day with Dornell Holloway because Sam Hurdle had asked him to remain and help him work on a non-functioning farm truck. Sam Hurdle planned to replace the engine in the truck and needed assistance in that endeavor. There was testimony that the truck belonged to the farm and that, if the repairs were successful, the truck would be used by Sam Hurdle for his own personal use as well as being available for use on the farm. J. K. Hurdle was out of the country on the day of the accident and there was some dispute in the testimony as to whether Michael Holloway agreed to assist in working on the truck as a personal favor to Sam Hurdle or whether his work was a required duty as a part of his employment. Dornell Holloway, for example, testified that he had assisted Sam Hurdle in working on the truck after Michael Holloway's injury. He said this occurred on a weekend and that he had neither expected nor received payment for that time from Hurdle and Son. However, J. K. Hurdle testified that he "had given permission [to Sam Hurdle] to get the employees to help him work on that truck out there."
. Sam Hurdle testified that he and Michael Holloway left the farm temporarily in the late afternoon, at which time Sam Hurdle supplied the money to purchase twelve beers. The bee
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