Court Blocks Slain Trucker's Benefits

The North Carolina Court of Appeals ruled that the family of a truck driver who was killed while trying to stop a robbery at a rest stop is not entitled to worker’s compensation benefits.

Luis Roman, a driver for the Southland Transportation Co. of Piedmont, Ohio, was making a delivery April, 7 1994, when he stopped to get gas at a truck stop in Gary, Ind. Witnesses say Mr. Roman was attempting to capture a thief when he was accidentally shot and killed by truck stop security guards.

The North Carolina Industrial Commission awarded worker’s compensation benefits to Mr. Roman’s family in July 1997 after deciding that Mr. Roman was working for Southland when he was killed and was actually following the guidance of a company handbook, which advised employees to improve the industry’s image by being helpful to members of the public.

The three-judge appellate court reversed the commission’s decision. The court found that Mr. Roman’s death was not compensable because his actions were not work-related. Catching criminals was not a part of his job and Southland gained no benefit from his actions, wrote Judge Edward Greene for the majority.

"It was basically an independent act of his part, and while it was certainly courageous, it wasn’t something his employment required him to do or even that the employer benefited from," said Mel J. Garofalo, who represented Southland. "That’s why the Court of Appeals said it ultimately wasn’t work-related. It just said he was stepping outside his employment at the time he acted so it shouldn’t be covered by workmen’s compensation."

Judge Patricia Timmons-Goodson disagreed with the majority opinion. She argued that Mr. Roman was driving a Southland truck and using a company credit card while stopped at a truck stop designated by the company for refueling. Moreover, wrote Ms. Timmons-Goodson, "the record here indicated (Mr. Roman) was expressly encouraged, by way of Southland’s driver handbook, to assist members of the public whom he might encounter while traveling on the highway."

S. Dean Hamrick, who represented Mr. Roman’s family, said they are still considering whether to appeal the decision to the State Supreme Court. "It seemed to me to be an obvious case, he wasn’t doing anything for himself," said Mr. Hamrick.