Nordmeyer v. Sanzone, 15020.

Citation314 F.2d 202
Decision Date06 March 1963
Docket NumberNo. 15020.,15020.
PartiesRuth H. NORDMEYER, Administratrix of the Estate of Joseph A. Nordmeyer, deceased, Plaintiff-Appellee, v. Charles SANZONE, Defendant-Appellant.
CourtUnited States Courts of Appeals. United States Court of Appeals (6th Circuit)

A. J. Jolly, Newport, Ky. (Bassmann, Kaufmann, Root & Jolly, Newport, Ky., on the brief), for appellant.

Robert C. Cetrulo, Covington, Ky. (Blakely, Moore & O'Hara, Covington, Ky., of counsel), for appellee.

Before CECIL, Chief Judge, and MILLER and O'SULLIVAN, Circuit Judges.

SHACKELFORD MILLER, Jr., Circuit Judge.

The plaintiff, Ruth H. Nordmeyer, Administratrix of the estate of her husband, Joseph A. Nordmeyer, brought this action in the District Court to recover damages by reason of the death of her husband, which the complaint alleged directly resulted from an automobile accident caused by the negligent operation of an automobile by the defendant, Charles Sanzone. A jury returned a verdict for the plaintiff in the sum of $45,000.00. This appeal followed.

A summary of the evidence with respect to the accident and Mr. Nordmeyer's death, which is sufficient for the purposes of our present ruling, is as follows. On November 12, 1960, at about 7 P.M. Mr. Nordmeyer was driving his Buick automobile on U. S. Highway #25 near the corporate limits of Covington, Kentucky. His wife was seated in the front seat beside him and his sixteen-year-old daughter was seated in the rear of the car. At the same time and place the defendant was driving his Buick automobile in the opposite direction and was accompanied by a friend. In rounding a large bend in the highway, defendant's automobile crossed over into Mr. Nordmeyer's line of traffic. Mr. Nordmeyer swerved to his right in an attempt to avoid a collision, but despite this evasive action, a substantial impact occurred between the two cars. Defendant described the accident as a "scraping" or "side swiping" rather than an impact.

Mr. Nordmeyer got out of the car following the accident and asked a passing car to call the police. When the police arrived about twenty minutes later Mr. Nordmeyer and the police talked to Mr. Sanzone in his car. According to Mr. Sanzone, both parties expressed relief that no one was injured in the accident and that since only property damage was involved, and both had adequate insurance, there was nothing to be concerned about. Both cars were towed away. The five persons got into the police cruiser and Officer Mercer transported Mr. Sanzone and his friend to a restaurant a mile or so south of the accident and took the Nordmeyers to a bus stop where they waited some twenty minutes for a bus. The Nordmeyers boarded the bus, which they rode for some ten minutes, and upon disembarking walked two blocks to the Nordmeyer home.

Shortly after their arrival at home, Mr. Nordmeyer began to complain of indigestion and asked for some baking soda. His symptoms became more acute and an attempt was made to call a physician. Unable to obtain the services of a physician, a neighbor was called and Mr. Nordmeyer was taken to St. Elizabeth Hospital, where he was admitted at approximately 10:00 P.M. At 12:05 A.M. he died. The Coroner's verdict was that the deceased came to his death by reason of coronary thrombosis.

Expert medical testimony introduced by the plaintiff was to the effect that the automobile accident and the resulting injury to Mr. Nordmeyer was the cause of the coronary thrombosis which resulted in his death. On the other hand, there was expert medical testimony that there was no evidence of traumatic injury to Mr. Nordmeyer; that a necropsy, or autopsy, performed upon the body within a few hours after death disclosed a recent coronary thrombosis of the right artery, an old, organized, and recanalized coronary arterial thrombosis, and an enlarged heart; that a thrombus, or blood clot, formed in the artery and occluded it; and that Mr. Nordmeyer died from a recent coronary arterial thrombosis, which was not caused by the accident.

It is settled law that expert medical testimony expressing an opinion as to the cause of death, based on a hypothetical question embracing the material facts supported by the evidence, does not invade the province of the jury, is admissible in evidence on the issue of cause of death, and although not conclusive on said issue, and even though it does not disprove every other possible cause of death, is sufficient to take such issue to the jury and to uphold a verdict in accordance therewith. Ellis v. Litteral, 296 Ky. 287, 176 S.W.2d 883; Jones' Adm'x v. May, 310 Ky. 706, 221 S.W.2d 617; Byck v. Commonwealth Life Insurance Co., 269 S.W.2d 214, (Ky.1954); Agsten v. Brown-Williamson Tobacco Co., 272 Ky. 20, 113...

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5 cases
  • Baraka v. Com.
    • United States
    • United States State Supreme Court — District of Kentucky
    • June 15, 2006
    ...cause of death, is sufficient to take such issue to the jury and to uphold a verdict in accordance therewith. Nordmeyer v. Sanzone, 314 F.2d 202, 204 (6th Cir.1963) (citations When the trial court's ruling is viewed in light of these prevailing facts and law, there are simply insufficient g......
  • Com., Dept. of Highways v. Widner
    • United States
    • United States State Supreme Court — District of Kentucky
    • March 26, 1965
    ...the coin we note Harris v. Commonwealth, Ky., 342 S.W.2d 535; City of Harlan v. Eversole, 248 Ky. 131, 58 S.W.2d 371; and Nordmeyer v. Sanzone, 6 Cir., 314 F.2d 202, cited by the appellees. Additionally, appellees refer to Kelly Contracting Co. v. Robinson, Ky., 377 S.W.2d 892, wherein we t......
  • Baraka v. Commonwealth, No. 2003-CA-000454-MR (Ky. App. 2/27/2004), No. 2003-CA-000454-MR.
    • United States
    • Kentucky Court of Appeals
    • February 27, 2004
    ...entitle the opposing party to cross-examine the expert on those facts forming the basis of his or her opinion. In Nordmeyer v. Sanzone, 314 F.2d 202, 204 (6th Cir. 1963), the Court It is settled law that expert medical testimony expressing an opinion as to the cause of death, based on a hyp......
  • Miller v. Watts
    • United States
    • United States State Supreme Court — District of Kentucky
    • January 17, 1969
    ...Ins. Co. v. Robison, 278 Ky. 678, 129 S.W.2d 192; Sonne v. Booker, Ky., 310 S.W.2d 526; Nall v. Larkin, Ky., 421 S.W.2d 74; Nordmeyer v. Sanzone (6CA) 314 F.2d 202. It is significant that the only objection to evidence from the doctors was on the basis that the history given was hearsay. Ge......
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