Driving Forklift for Dog Treats Not a Substantial Deviation

A truck driver injured while driving a forklift to get dog treats did not substantially deviate from the course of his employment, ruled the Court of Appeals of Arizona. The case is CRST Int’l v. Indus. Comm’n of Arizona, 2022 Ariz. App. LEXIS 294 (Ariz. Ct. App. 2022). 

Gordon McChesney (McChesney) regularly drove a flatbed truck for CRST to several cities near Phoenix, Arizona to pick up bales of cardboard at retail stores to bring back to a Phoenix recycling facility. In April 2020, McChesney was at the first of three stops when he took a break to get dog treats for his furry friends at home, using a forklift to drive around the building. The forklift hit a rock and tilted, though it did not tip over; McChesney hit his head twice and, upon exiting the forklift, immediately lost consciousness. McChesney was taken to and treated at a local hospital before a family member drove him home.