Brumfield v. Patterson & Yeary Steel Co.

It is undisputed that Brumfield had his leg broken by an irate and just-fired fellow employee because of the part Brumfield played in the loss of the job; at the time of the incident, they were riding home from work in a pickup, off the employer’s premises and after work hours.

The writ should be granted to consider whether the fracture of relator’s leg arose out of and was in the course of employment.

*1135The well-recognized rule (by all except the trial court, the Court of Appeal and my six colleagues) is that a strong showing of “arising out of” justifies compensation even though there is a weak…