[DOWNLOAD] "Riesterer v. Crown Life Insurance Co." by Sixth Circuit. United States Court Of Appeals # eBook PDF Kindle ePub Free

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eBook details

• Title: Riesterer v. Crown Life Insurance Co.
• Author : Sixth Circuit. United States Court Of Appeals
• Release Date : January 06, 1981
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 57 KB

Description

In this Michigan diversity case, plaintiff, J. A. Riesterer, appeals a judgment entered on a directed verdict against her. She had sued defendant, Crown Life Insurance Co., to recover $25,000 she claimed was due her through an accidental death provision of an insurance policy. The district court concluded that there was insufficient evidence that the death had been accidental. Riesterer also appeals several evidentiary rulings. We affirm the judgment of the district court. Riesterer's decedent, a fireman, died at the age of 52 of a myocardial infarction a heart attack suffered while inside a burning building. He was alone at the time the attack occurred. He had entered the building, which witnesses testified was very hot and smoky, carrying a fire hose with a co-worker. The co-worker left him, and when he returned plaintiff's decedent was lying on the floor. An oxygen mask worn by the decedent showed no sign of malfunction, and there was no indication of any external unusual event having occurred. He died without regaining consciousness. The death certificate, prepared by Dr. Harold McNeil, described the cause as myocardial infarction ... over exertion in the line of duty while fighting a fire (App. 258). In a deposition read at trial, the doctor of osteopathy who prepared the certificate testified that the fact that he was engaged in fighting a fire ... could have been contributory to a heart attack.... I know how you could get worked up at the fire (App. 212). No evidence other than that of Dr. McNeil, who performed no autopsy and undertook no independent investigation of the precise cause of death, was offered by Riesterer. She argues that that evidence creates a factual issue sufficient to send the case to the jury.

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