Jacobsen v. King County Medical Service Corp.

• Decision Date: 20 July 1945
• Docket Number: 29568.
• Citation: 160 P.2d 1019,23 Wn.2d 324
• Parties: JACOBSEN v. KING COUNTY MEDICAL SERVICE CORPORATION et al.
• Court: Washington Supreme Court

160 P.2d 1019

23 Wn.2d 324

JACOBSEN v. KING COUNTY MEDICAL SERVICE CORPORATION et al.

No. 29568.

Supreme Court of Washington

July 20, 1945

Department 1.

Action by Jens Hansen against King County Medical Service Corporation and Boeing Aircraft Company to recover for breach of an oral contract to furnish plaintiff free medical surgical, and hospital care for all accidents, injuries, and illness arising outside the course of his employment. Plaintiff died following the commencement of the action, and H. Chr. Jacobsen, administrator of the estate of Jens Hansen deceased, was substituted as party plaintiff. From a judgment of dismissal, plaintiff appeals.

Affirmed.

Appeal from Superior Court, King County; Roger J. Meakim, judge.

Joseph Matsen and John P. Matsen, both of Seattle, for appellant.

Riddell & Riddell, Holman, Sprague & Allen and Elvin P. Carney, all of Seattle, for respondent.

MILLARD, Justice.

Jens Hansen, an employee of defendant aircraft company, instituted this action to recover against King Court Medical Service Corporation and Boeing Aircraft Company, two domestic corporations. Plaintiff alleged four alternative causes of action: (1) Breach of a contract to provide accident and health insurance; (2) breach of an agreement to provide hospital and medical care; (3) one for a declaratory judgment; and (4) one for wages claimed to have been unlawfully withheld. Defendants' demurrers to the complaint were sustained and plaintiff was required to elect whether to sue on an oral written contract. In his second amended complaint--plaintiff elected to sue on an oral contract--Hansen alleged the existence of an oral contract under which defendants agreed to furnish him free medical surgical and hospital care for all accidents, injuries and illness arising outside the course of his employment. Defendant aircraft company answered, denying the material allegations of the complaint, and as an affirmative defense pleaded the existence of a written contract between the aircraft company and the medical service corporation for and on behalf of the employees of the aircraft company who, in writing, authorized a deduction from their pay of a stipulated monthly amount; that the aircraft company for and on behalf of its employees paid over to the medical service corporation the sums so deducted and that plaintiff Hansen in writing, accepted the contract just described.

Hansen died following commencement of the action, whereupon H. Chr. Jacobsen, who qualified as administrator of estate of the deceased Hansen, was substituted as party plaintiff and the action was tried upon the theory of breach by the defendants of an oral contract to provide medical and hospital services to Hanson on a prepayment basis. The cause was tried to the court which sustained challenge to the sufficiency of plaintiff's evidence and entered judgment dismissing the action. Plaintiff appealed.

The evidence adduced at the trial established the fact of employment of Hansen by respondent aircraft company and the withholding by that employer of $1.50 monthly for two months and $1.75 one month, or a total of $4.75 from Hansen's wages and payment of same to respondent medical service corporation. Hansen required medical care and hospitalization. He was given medical care but respondents refused to pay the cost of that care.

There is nothing in the record establishing the existence of a contract between the aircraft company and Hansen under which the former agreed to provide medical care for the latter. A prospectus of respondent medical service corporation is in evidence and...