71 Md. App. 247 - King Waterproofing Co. v. Slovsky’s Empirical Analysis
1987
Citation profile
22
cited by 22 later decisions
4
states following
April 2020
most recently cited
22 state decisions
How this case has been cited
Cited by 22 later decisions — most recently April 2020
22 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on King v. Bankerd · Brady v. Ralph Parsons Co. · Bell v. Allstate Insur. Co. · Wiley Manufacturing Co. v. Wilson · Sica v. Retail Credit Co.
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 22 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“If an injury that occurs during an on-premises coffee break can arise out of employment, in the sense that it results from an incident of the employment, it follows that an injury sustained during an off-premises coffee break also can arise out of employment. There would appear to be a greater likelihood, however, that an employee who leaves his employer’s premises during a coffee break or rest break may depart from the course of his employment. In regard to the compensability of injuries sustained during off-premises coffee breaks, Professor Larson writes: It is clear that one cannot announce an all-purpose “coffee break rule,” since there are too many variables that could affect the result. The duration might be five minutes, seven minutes, 10 minutes, or even 20 minutes by which time it is not far from that of a half-hour lunch period. Other variables may involve the question whether the interval is a right fixed by the employment contract, whether it is a paid interval, whether there are restrictions on where the employee can go during the break, and whether the employee’s activity during this period constituted a substantial personal deviation.”
3 later decisions quote this exact passage“[T]he appellee and his fellow telephone solicitors received a paid 20-minute break under the terms of their employment. The break was intended to benefit both King, the employer, and its employees inasmuch as the opportunity to take a brief respite would ostensibly renew the employees’ vigor and, of particular importance in the case of telephone solicitors, their voices. Employees generally use the break to attend to their personal comfort, which included the consumption of food and drink. The employer accepted and encouraged this activity by providing on the premises a coffee machine, a refrigerator, and tables for employees to partake of refreshments. Within the confines of the employer’s premises, then, the employees were entitled to a break as an incident of their employment. The only question is whether the appellee somehow departed from the course of his employment by leaving King’s premises during his break on December 19, 1984. We conclude that the appellee did not leave the course of his employment. At issue is whether the appellee’s accidental injury occurred at a place where the appellee reasonably could have been in attending to his personal comfort during his paid break. Under the circumstances of this case, we think it was reasonable for the appellee, at the time of his accidental injury, to be going to a carry-out restaurant across the street from his employer’s premises. The appellants did not contend that the employer prohibited employees from leaving the pre”
2 later decisions quote this exact passage“We do not find the circumstances of the instant case to be significantly distinguishable from those in Maryland Casualty Co. v. Insurance Co. of North America, 248 Md. 704 , 238 A.2d 88 (1968). There, the Court of Appeals held that an injury sustained by an employee of a racing stable occurred in the course of employment where the employee was injured while en route by automobile to a restaurant near the race track to have coffee. The employee in Maryland Casualty was on call around the clock and was paid on that basis. Although there was a cafeteria located at the race track, the record indicated that it was located at such a distance from the employee’s work area that a car was considered necessary to get there and return in a reasonable time. The Court relied on these facts, “coupled with the knowledge of the employer that his employees frequently left the track for coffee and meals and that they did so with his approval,” in concluding that the injured employee was “within the course of his employment” at the time of his injury. 248 Md. at 708 , 238 A.2d 88 . In the case sub judice, as in Maryland Casualty, the employee left his employer’s premises, with the employer’s tacit consent, to obtain refreshments that were unavailable on the premises. The fact that the employee in Maryland Casualty was “on call,” and therefore arguably within his employer’s control, is of no practical significance since that employee probably could not have returned to his place of employment, w”
1 later decision quote this exact passage
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.