Gentry v. Jordan, No. 2--374A66
| Docket Nº | No. 2--374A66 |
| Citation | 337 N.E.2d 530, 166 Ind.App. 695 |
| Case Date | November 24, 1975 |
| Court | Court of Appeals of Indiana |
Page 530
v.
Charles W. JORDAN, d/b/a Lawrence Shell Service, Appellee
(Defendant below).
[166 Ind.App. 696] Robert D. Epstein, Connor, Epstein & Frisch, Indianapolis, for appellant.
Ralph A. Cohen, Geoffrey Segar, Ice, Miller, Donadio & Ryan, Indianapolis, for appellee.
BUCHANAN, Judge.
Review is sought by Claimant-Appellant, Ruth Ann Gentry (Gentry), of a negative Award entered by the Full Industrial Board of Indiana (the Board) denying compensation for the death of her husband, James Robert Gentry, Jr. (Decedent), an
Page 531
employee of Defendant-Appellee, Charles W. Jordan, d/b/a Lawrence Shell Service (Jordan), claiming the Award is contrary to law.We affirm.
The facts and evidence most favorable to Jordan and the Award are as follows:
At approximately 4:45 a.m. on April 10, 1971, the Decedent was found dead in the wreckage of Jordan's wrecker at the intersection of I--70 and the overpass for State Road 209 in Hancock County, Indiana, the wrecker having crashed into a bridge abutment. The Decedent had been in Jordan's employ [166 Ind.App. 697] for several months and his duties included general service station work and driving the employer's wrecker.
A stipulation was entered into by the parties which in part stated:
'4. That decedent ordinarily worked from five to twelve hours per day and that he punched a time clock showing the time when he started work and the time when he finished work on each day of work.
'5. That prior to his death, decedent was last on duty at his employment for Defendant on April 9, 1971, at which time he worked from 2:00 p.m. until 7:46 p.m. . . .
'6. After clocking out and finishing work for that day, April 9, 1971, the decedent was not scheduled to return to work until the next day, April 10, 1971.
'7. After clocking out on April 9, 1971, decedent left his employer's place of business and went to his parents' home where he took a shower. When he left his parents' home, he said he was going to his own home. His whereabouts and activities are unknown from the time he left his parents' home until approximately 4:00 a.m. on the morning of April 10, 1971.
'8. At approximately 4:00 a.m. on the morning of April 10, 1971, the decedent appeared at the employer's service station and asked one Maynard Middleton, who was an employee of defendant on duty at the time, if he (Decedent) could use the service station's wrecker to go get his (Decedent's) own personal car which was disabled somewhere. Maynard Middleton did not forbid or prevent decedent's taking the wrecker, but he did tell decedent that its use was decedent's own responsibility and that he was on his own.
'9. At approximately 4:45 a.m. on the morning of April 10, 1971, the decedent was found dead in the wreckage of the employer's wrecker at the intersection of I--70 and the overpass for State Road 209, where the wrecker had crashed into a bridge abutment.
'10. The decedent's own vehicle was subsequently found on a side road near Interstate 70 east of the site of decedent's fatal accident, and if decedent was driving east on I--70 at the time of his accident, then he would have been proceeding in a direction consistent with going to his own disabled vehicle at the time of his death.'
[166 Ind.App. 698] Evidence was presented at the hearing that on two prior occasions the...
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Duncan v. George Moser Leather Co., No. 2-479A112
...minds of reasonable men, contrary to that reached by the Industrial Board. . . " (Citations omitted) See also, Gentry v. Jordan (1975), 166 Ind.App. 695, 337 N.E.2d The evidence on which the original award was based was before the Industrial Board at the hearing on his petition for a change......
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NAPA/General Automotive Parts v. Whitcomb, No. 2-1184
...442, 324 N.E.2d 500, 503; see also Martin v. Monsanto Company (1975), 166 Ind.App. 5, 333 N.E.2d 828, 833; Gentry v. Jordan (1975), 166 Ind.App. 695, 337 N.E.2d 530, 532 ("[W]e may only reverse if reasonable men would have been bound to reach a conclusion contrary to the Board's decision." ......
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Cochrane v. Lovett, No. 2--1274A294
...33 N.E.2d 330. There could be no basis for error in refusing Plaintiff's (Cochrane's) Instruction 11 in any event. We have previously [166 Ind.App. 695] indicated the jury could not have been misled by Final Instruction 13 into believing that only physicians and surgeons could testify as to......
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Duncan v. George Moser Leather Co., No. 2-479A112
...minds of reasonable men, contrary to that reached by the Industrial Board. . . " (Citations omitted) See also, Gentry v. Jordan (1975), 166 Ind.App. 695, 337 N.E.2d The evidence on which the original award was based was before the Industrial Board at the hearing on his petition for a change......
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NAPA/General Automotive Parts v. Whitcomb, No. 2-1184
...442, 324 N.E.2d 500, 503; see also Martin v. Monsanto Company (1975), 166 Ind.App. 5, 333 N.E.2d 828, 833; Gentry v. Jordan (1975), 166 Ind.App. 695, 337 N.E.2d 530, 532 ("[W]e may only reverse if reasonable men would have been bound to reach a conclusion contrary to the Board's decision." ......
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Cochrane v. Lovett, No. 2--1274A294
...33 N.E.2d 330. There could be no basis for error in refusing Plaintiff's (Cochrane's) Instruction 11 in any event. We have previously [166 Ind.App. 695] indicated the jury could not have been misled by Final Instruction 13 into believing that only physicians and surgeons could testify as to......