Johnson v. Toro Co.

I respectfully dissent. In my view the undisputed facts require the conclusion that employee Carol Johnson’s injury did not arise out of and in the course of her employment with relator, Toro Company. The result should not be determined by semantic rather than substantive matters of fact.

Employee was invited to a buffet dinner; she was neither “directed” nor “required” to attend. Similarly, she was offered a Christmas gift of a turkey, for which it was only necessary that she appear in advance to obtain a card — at most a condition for the gift.

The applicable statute, Minn.Stat. § 176.-011,…