The trial court made a factual determination that the area where Rasch fell was outside of the "dock area," and upon our appellate review, we cannot say that this determination is clearly wrong. Rasch did not prove that he was injured on the premises of Moore Wallace; nor did Rasch prove a distinct causal connection between an employer-created condition and the cause of his injury. Accordingly, the review panel did not err in affirming the trial court's dismissal of Rasch's petition.
Thursday, April 13, 2006
Nebraska court of appeals: temp worker who fell outside common area that employer used with other businesses was not injured in the scope and course of employmentRasch v. Remedy Intelligent Staffing (Not Designated for Permanent Publication) Filed April 11, 2006. No. A-05-838. Temp worker fell while leaving work in an area the trial court judge determined was outside the employer's premises and the common area the employer shared with other businesses. The court of appeals upholds this fact issue ruling and upholds the dismissed case. Distinguishing Zoucha v. Touch of Class Lounge, 269 Neb. 89, 690 N.W.2d 610 (2005), the appeals court found that the employee who fell while exiting work did not fall in an area like a shopping center parking lot provided for the convenience of, and use by, employees of the businesses located in the center which the court would consider a part of the premises of an employer located in the center.
Posted by stan_sipple at 10:15 AM