Keith v. Western Express, Inc.
Annotate this CaseEmployee, a truck driver, was injured in the course and scope of his employment when his vehicle left the road and turned over. Employer denied Employee's claim for workers' compensation benefits, contending that the accident and resulting injuries were the direct result of Employee's willful violation of Employer's safety rules. The trial court found that Employee had willfully and intentionally disregarded the safety rules and entered judgment for Employer. Employee appealed, contending that the trial court erred because the evidence did not establish the perverseness of his conduct, a necessary element of the misconduct affirmative defense. The Supreme Court affirmed, holding that the trial court did not err in finding that Employee willfully and intentionally violated Employer's safety rules, where Employee did not give a credible explanation regarding his failure to comply with the rules, and Employer offered strong proof of its strong emphasis on compliance with the safety rules.
Court Description: Authoring Judge: Justice Sharon G. lee
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