Ward v. Mid-South Home Service

OPINION

HARBISON, Justice.

In this case an hourly-paid worker sustained a knee injury while playing basketball at the home of a customer of his employer during a lull in construction work being performed there. The trial judge held that the injury did not arise out of the employment. We affirm.

Appellant Lewis Eugene Ward had been employed by Mid-South Home Service for about six weeks when he was injured on Saturday August 9, 1986. The employer was engaged in home construction, repair and maintenance. Appellant was employed at an hourly wage. He and other field employees kept their own time…