J. C. Carlile Corp. v. Antaki

• Decision Date: 17 April 1967
• Docket Number: No. 22219,22219
• Citation: 162 Colo. 376,426 P.2d 549
• Parties: J. C. CARLILE CORPORATION and the Travelers Insurance Company, Plaintiffs in Error, v. Alice R. ANTAKI, Robert Ruhl Antaki, Richard Francis Antaki, Ronald James Antaki, Jeannette Marie Antaki, Fredric Joseph Antaki, Victor Nadum Antaki, Jr., and the Industrial Commission of Colorado, Defendants in Error.
• Court: Colorado Supreme Court

Page 549

426 P.2d 549

162 Colo. 376

J. C. CARLILE CORPORATION and the Travelers Insurance

Company, Plaintiffs in Error, v. Alice R. ANTAKI, Robert Ruhl Antaki, Richard Francis Antaki, Ronald James Antaki, Jeannette Marie Antaki, Fredric Joseph

Antaki, Victor Nadum Antaki, Jr., and the Industrial

Commission of Colorado, Defendants in Error.

No. 22219.

Supreme Court of Colorado, En Banc.

April 17, 1967.

Rehearing Denied May 8, 1967.

Wood, Ris & Hames, Denver, for plaintiffs in error.

Zarlengo, Mott & Carlin, Denver, for defendants in error.

Duke W. Dunbar, Atty. Gen., Frank E. Hickey, Deputy Atty. Gen., Peter L. Dye, Asst. Atty. Gen., Denver, for defendant in error Industrial Commission.

MOORE, Chief Justice.

The writ of error issued in this action brings before this court for review the proceedings which resulted in a district court judgment affirming an award of benefits under the Workmen's Compensation Act. Facts pertinent to the issues herein are substantially as follows:

Prior to June 7, 1962, one Victor N. Antaki was Vice President and Chief Engineer of the J. C. Carlile Corporation. He died in an accident which occurred sometime between 8:15 P.M. on June 7, 1962, and 6:00 A.M. the following morning, at which time his body was found in an automobile owned by his employer submerged in about five feet of water in the Platte river. His surviving wife and six children filed a claim before the Industrial Commission for benefits provided by law for a death allegedly arising out of and in the course of employment of the decedent.

The only question presented for our determination on this writ of error is whether there is sufficient support for the finding of the commission that the death of Antaki was '* * * the result of an accident arising out of and within the scope of his employment * * *.'

The findings of the referee, which were adopted by the Industrial Commission, contain the following:

'Decedent was employed by the respondent employer as Chief Engineer and was also Vice President of the Company. On June 7, 1962 decedent attended an important sales meeting during the late afternoon and early evening at the Company's offices with the President and the Midwest Sales Manager. They all left the Company's office about 6:00 P.M. and proceeded to the Albany Hotel where, testimony revealed, the decedent had two scotch-on-the-rocks drinks. They continued to discuss Company business while at the Hotel, and left the Hotel about 8:15 P.M. Decedent told the other members that he was going home to eat, which was confirmed by testimony from the decedent's wife. She testified he called her about that time and stated that he would be home and that she should have supper ready for him at about 9:00 o'clock P.M. This was the last time decedent was seen alive.

'When decedent left the Hotel, it was in a heavy rainstorm. From other testimony and evidence it is apparent that decedent proceeded west on Speer Boulevard, following his usual route in leaving the business district. At the approach to the bridge of the South Platte River decedent's car left the street onto the island divider, then plunged into the river between the two bridges and came to rest in the middle of the river, facing upstream.

'The decedent sustained a broken left arm and a severe head injury, (a fractured skull).

'The Denver Coroner's Office placed the time of death by drowning at about 2:00 o'clock A.M., June 8, 1962. It was their presumption that decedent sat unconscious in the wrecked automobile from the time of the accident until 2:00 o'clock A.M., when the rising water level from the heavy rains caused his death by drowning.

'Several fellow employees testified that decedent indicated to them that he intended to return to his desk later on in the evening; that he left his desk unlocked, table drawers opened and working papers disarranged; and that decedent customarily always locked his desk and arranged the working papers in an orderly manner when he intended to leave the office for the day; and that he worked late on many occasions.'

There is ample evidence in the record to support the above findings relating to the activities of the decedent during the late afternoon and evening of June 7, 1962....