Supreme Court Affirms: Mean Street II

Remember the court employee who fell into a literal sinkhole on her way to the Kent County Courthouse and argued the Premises Exception should apply? See Mean Street: Superior Court Declines to Extend the Premises Exception. The Board found that Claimant was not on the Employer’s premises at the time of her fall, and therefore, she was not in the course and scope of her employment when she sustained her injuries. The Superior Court affirmed, finding Claimant was injured after parking on a public street – not in a parking lot controlled/maintained by Employer – and even though the State (Employer) owned the public street and knew that employees parked on that street, it was not enough for the Premises Exception to apply.

Claimant appealed to the Delaware Supreme Court raising the same arguments before the Superior Court. The Supreme Court, directly examining the decision of the Board, affirmed the Superior Court’s refusal to extend the Premises Exception. Browning v. State, 2022 WL 94414, (Del. 2022) (Table).

Notably, the Supreme Court stated:

[T]he Board found that the injury occurred while [Claimant] was going to work but was not yet on the premises. Other jurisdictions have considered similar situations that fall within this ‘gray area where the risks of street travel merge with the risks attendant with employment,’ and found that they did not arise out of employment. Substantial evidence exists to support the Board’s decision. Browning was not instructed where to park, so she parked on Federal Street which is open to the public. And the location where she fell was outside the courthouse property line. Therefore, the Board correctly denied Browning’s workers’ compensation claim.

The takeaway: (1) the employer did not instruct the claimant where to park; (2) the claimant’s injury occurred outside the property line of the employer; (3) the employer, specifically the Kent County Courthouse, did not maintain or control the public street where the claimant was injured. Supreme Court finds Going & Coming Rule applies.

Speaking of the Supreme Court — as some of you may know, the Delaware Bar Admissions ceremony was held virtually this year, which meant my mom did not get to personally move my admission. Despite this, we decided to take a little trip down to Dover, snap a couple photos, and celebrate the inscription of my name being added to the Wall of Admissions.

Best,

Caroline Kaminski