Brimhall v. Home Insurance Co.

OPINION

FONES, Justice.

This is a worker’s compensation case in which the trial court found that employee’s injuries did not arise out of and in the course of employment and dismissed plaintiff’s cause of action.

*932The relevant facts are not disputed. On March 7, 1983, plaintiff, Robert Brimhall, was employed as an auto mechanic by Chuck Hutton Chevrolet, a Memphis automobile dealership. On the day preceding his injury, Brimhall observed a co-employee, Donnie Ray, removing a substantial portion of plaintiff’s personal hand cleaner from a container that Brimhall kept near his tools at his work…