Claimant is 50 years old and began working for Employer in 2002 at the Bridgeton facility as a department manager and second shift superintendent. He supervised other managers in the production of Ford Explorer seats. Mr. Jackson, the plant manager, supervised the day shift. Claimant supervised the second shift from 5:30 p.m. to 2:00 a.m. He met with Mr. Jackson during shift change each day to discuss work matters. Claimant testified he typically worked until 4:00 a.m. answering employee questions.
A golf outing was planned to celebrate Mr. Jackson's promotion and transfer to another state. Claimant testified co-employee Jerry Webb stated during a meeting that he could not attend the outing because of a prior commitment. Mr. Jackson replied he expected all management personnel to attend. Claimant further testified Mr. Jackson permitted him to leave work early Saturday morning to attend the outing later that day. Mr. Kurt Stromberg was instructed to finish Claimant's shift.
The golf outing began around 8:00 a.m. on July 19, 1997. A number of management personnel attended including Claimant. Claimant was not paid to attend the outing, no clients were present, and there was no plan to discuss business before, during or after the outing. None of the supervisors purchased drinks or food, according to Claimant. Claimant further testified he may have become intoxicated during the outing because he drank "quite a few" beers.
Several managers did not attend the outing, including Jerry Webb. Claimant knew of no supervisor who was fired, demoted, or reprimanded for not attending the outing.
During the outing, Mr. Jackson fell out of a golf cart and dislocated his shoulder. He was taken to the hospital by Steve Alderson, the production manager, Mr. Ries the IT manager, and Jeff Bowsa, Mr. Jackson's neighbor. Claimant testified he decided to go to the hospital after talking to Mr. Alderson and Mr. Reis. However, Claimant had no direct order to proceed to the hospital from Mr. Jackson or Mr. Alderson, his immediate supervisors.
Claimant testified he was involved in a one car automobile accident between 1:00 p.m. and 2:00 p.m. while traveling to the hospital. [3] Claimant was in a coma following the accident and has no memory of the accident or what happened immediately following it. He did not recall drinking in the car or leaving the outing with beer. His next recollection was being at St. John's Hospital with his parents a month after the accident. Claimant was told he was in the hospital due to injuries he sustained in a motor vehicle accident. Claimant sustained a fractured left hip, ribs, head injury, and collapsed lung which was repaired. Claimant received his full salary while he was off work.
Claimant has not received any medical treatment since being released from the hospital. He has no physician imposed work restrictions on his ability to push, pull, sit or stand.
Claimant testified he received two demotions after he returned to work. However, he chose not to return to his former job because he did not want responsibility for the entire shift. He transferred to the shipping department but was unable to perform the work. Claimant later worked as a receiving supervisor for eleven months until he decided to work for a different Employer.
Claimant returned to work for Finley Industries as a second shift supervisor. He next worked ten months for Johnson Marcraft building air conditioning units, before being terminated for poor performance. Claimant drove a forklift for seven months for True Fitness before being fired for not reporting an absence. Claimant has worked for The Home Depot for five years, earning raises and receiving satisfactory performance reviews.
Current complaints include left hip, rib pain and headaches. He has difficulty sitting for long periods and has short term memory loss. He adjusts for memory loss by writing reminders on post-it notes. He takes over the counter medications for headaches, and wears a left shoe spacer for stability.
Initially Claimant's medical expenses were covered by his wife's insurance. However, after leaving Employer, Claimant testified his subsequent employers would not cover his pre-existing conditions.
Jerry Webb is a quality engineer for Employer. In 1997, he was a second shift supervisor at the Bridgeton facility and reported to Claimant. He understood the 1997 golf outing was a going away party for Mr. Jackson and salaried staff were invited. No emails or written invitations were circulated before or after the event. He did not attend the outing. Mr. Webb was not informed that attendance was mandatory by Mr. Jackson, Mr. Alderson, or the Claimant. Mr. Webb was not demoted or reprimanded for not attending. Mr. Webb testified he knew of other employees that missed the outing but were not demoted or reprimanded for failing to attend.
He did not specifically recall a July 18, 1997 staff meeting, but testified daily meetings were held. He did not recall Mr. Jackson stating the golf outing was mandatory. Mr. Webb testified he would have attended any mandatory meeting.