A truck driver’s suit seeking compensation from her trucking company’s insurer for injuries she suffered while asleep in the passenger seat of a company truck proved unsuccessful. The Tennessee Court of Appeals ruled that the driver was an employee of the trucking company at all times, including while she slept, and the insurer’s policy exception for employee injuries permitted it to refuse the driver’s claim.
April Miller suffered serious injuries while riding as a passenger in a truck owned by Refa Watley Trucking. Miller and another trucker, Lewis Watley, were sharing driving responsibilities for hauling a load from Tennessee to New York when Watley was involved in an accident that caused Miller’s injuries. Miller was asleep at the time of the accident.
In accordance with federal law, all trucking companies are required to carry public liability insurance. However, federal regulations do not require trucking companies to carry insurance covering injuries suffered by employees. Miller brought her claim against the trucking company’s insurer, but the insurance company refused to reimburse her for her damages. The trucking company’s insurer, Northland Insurance Company, concluded that she was an employee, and its policy with the trucking company specifically excluded injuries suffered by employees.