Brown v. Forum Insurance Company

BATEMAN, Justice.

The question presented in this workmen’s compensation case is whether the employee was acting within the course of his employment when he received his fatal accidental injuries. The trial court sustained the insurer’s motion for summary judgment, and the legal beneficiaries of the deceased employee appeal.

The facts are undisputed. The insurer stipulated that the employee, Earl Dean Brown, would have been in the scope and course of his employment for his employer, Mobil Oil Corporation, at the time of his death, except for the fact that he was flying a private aircraft in…