Hoover v. Globe Indem. Co.
| Decision Date | 02 May 1934 |
| Docket Number | 410. |
| Parties | HOOVER v. GLOBE INDEMNITY CO. |
| Court | North Carolina Supreme Court |
Appeal from Superior Court, Gaston County; Harding, Judge.
Action by Mrs. A. S. Hoover, administratrix of the estate of A. S Hoover, deceased, against the Globe Indemnity Company. From an order overruling a demurrer to the complaint, defendant appeals.
Reversed.
See also, 202 N.C. 655, 163 S.E. 758; 203 N.C. 557, 166 S.E. 734.
This is an action to recover damages for the wrongful death of plaintiff's intestate upon the allegation that his death was caused by the wrongful act of the defendant.
During the month of January, 1930, plaintiff's intestate was injured by an accident which arose out of and in the course of his employment. At the date of the accident, both plaintiff's intestate and his employer were subject to the provisions of the North Carolina Workmen's Compensation Act. The employer carried insurance in accordance with the provisions of said act. The defendant was the insurance carrier of the employer.
It is alleged in the complaint that, after he was injured by said accident, plaintiff's intestate procured a competent and capable physician to treat him for his injuries and also for certain bodily ailments which developed thereafter, but which were in no wise connected with said injuries; that, while said physician was treating plaintiff's intestate in a skillful and successful manner, an agent of the defendant assumed and took absolute and complete control of plaintiff's intestate, and prevented him from procuring medical treatment for his bodily ailments which had developed after his injuries, and which were in no wise connected with said injuries; and that thereafter, as the result of his failure to procure medical treatment of his said bodily ailments, plaintiff's intestate died on or about July 26 1930.
It is further alleged in the complaint that the wrongful act of defendant's agent prevented plaintiff's intestate from procuring medical treatment for his bodily ailments, and was the proximate cause of his death, and that by the death of her intestate plaintiff has suffered damages in the sum of $3,000.
The defendant demurred to the complaint on the ground that the superior court of Gaston county is without jurisdiction of the action, and on the further ground that the facts alleged in the complaint are not sufficient to constitute a cause of action against the defendant.
The demurrer was overruled, and the defendant appealed to the Supreme Court.
Industrial Commission, rather than superior court, had jurisdiction of claim against insurance carrier for employee's death as result of wrongful act of...
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