When a perfect Labor Day turns into a bad day whether or not you were working could make all the difference.  This case involved the annual Labor Day Music Festival in Beaumont, Texas, which featured the musical group Bad Company and the singer, Tracy Byrd.  It was being staged by Perfect Day Enterprises, which hired the Sullivan Advertising Agency to handle the media.  Everything was perfect until Heath, who worked for the advertising agency, decided to attend the festival.  On the way, he missed a turn and as he made a u-turn, out of nowhere came Ron on his motorcycle.  Ron barreled into Heath’s car and was killed in the ensuing crash.  His widow, Jackie, sued the advertising agency claiming Heath was working at the time of the accident.  There was expert testimony that based on industry standards the agency had to have someone attend the festival to make sure vendors and customers were satisfied.  But the Court held that Heath was just taking the day off to enjoy the festival with his family and wasn’t working.  So enjoy Labor Day, but be careful, because if your play involves work, pay to play could be right around the corner.

THIS IS NEIL CHAYET LOOKING AT THE LAW™

Jacquelyn Elmore, Individually and as Representative of the Estate of Ron Elmore v. E. Sullivan Advertising and Design Company, Court of Appeals of Texas, Eleventh District, Eastland, September 25, 2008, McCall, J.

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