Beverly v. Ruth's Chris Steak House

YATES, Judge.

Gregory A. Beverly appeals from a summary judgment in favor of Ruth’s Chris Steak House (hereinafter “Ruth’s Chris”) and State Claims Adjusters, Inc. (heremafter “State Claims”), the workers’ compensation insurer for Ruth’s Chris; the trial court ruled as a matter of law that Beverly was not entitled to workers’ compensation benefits.

Beverly worked for Ruth’s Chris as a side cook in the kitchen. On July 21, 1994, Beverly was peeling and deveining platters of shrimp for the day’s lunch and dinner orders. A co-worker, Quinton Flood, approached Beverly and tried to take some of the…