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Where a commercial driver for a waste hauling company was fired after being involved in two accidents with stationary objects six weeks apart, the two accidents did not amount to misconduct under the totality of the circumstances since the facts showed that in the first instance the driver was focused on avoiding children in the area when he struck a pole and in the second he was navigating a tight enclosure and an improperly parked vehicle when he sideswiped a wall, and the driver was also not aware of any policies regarding the employer’s accident and disciplinary procedures, so his acts were mere negligence and poor judgment that did not rise to the level of culpability required to show misconduct.
Judgment is reversed and remanded.
Wilson v. Progressive Waste Solutions of MO., Inc. (MLW No. 70111/Case No. ED104512 – 10 pages) (Missouri Court of Appeals, Eastern District, Quigless, J.) Appealed from the Labor and Industrial Relations Commission (John J. Ammann for appellant) (Ninion S. Riley for respondent).
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