Braden v. Sears, Roebuck and Co.

OPINION

DROWOTA, Justice.

This case presents an appeal by the Plaintiff-employee of the trial court’s dismissal of his suit for workers’ compensation benefits. The issue presented is whether the injuries Plaintiff sustained as a result of an assault arose out of his employment. Finding they did, we reverse.

Plaintiff Gene Braden was employed by Defendant Sears, Roebuck and Company as an “outside television technician” at the time of his injuries. In his capacity as a technician, he made service calls to customers’ homes using a service van furnished by Sears. He was 61 years old at trial, and…