O'Neil v. W. R. Spencer Grocer Co.

• Decision Date: 02 December 1946
• Citation: 25 N.W.2d 213,316 Mich. 320
• Parties: O'NEIL et al. v. W. R. SPENCER GROCER CO. et al.
• Court: Michigan Supreme Court

316 Mich. 320

25 N.W.2d 213

O'NEIL et al.

v.W. R. SPENCER GROCER CO. et al.

Supreme Court of Michigan.

Dec. 2, 1946.

Appeal in the Nature of Certiorari from Department of Labor and Industry.

Proceeding under the Workmen's Compensation Act by A. Ione O'Neil, widow, and Jay T. O'Neil, minor son, claimants for the death of Bernie P. O'Neil, deceased, opposed by W. R. Spencer Grocer Company, employer, and Employers, Mutual Liability Insurance Company, insurance carrier. From an award of the Department of Labor and Industry granting compensation the employer and insurance carrier appeal in the nature of certiorari.

Award set aside.

Before the Entire Bench.

Alexander, Cholette, Buchanan, Perkins & Conklin, of Detroit, for defendants and appeellants.

Haskell L. Nichols, of Jackson, for plaintiffs and appellees.

SHARPE, Justice.

Plaintiffs are the widow and minor son of Bernie P. O'Neil who died from cardiac failure on February 11, 1944. Deceased was a man 54 years of age, weighing about 380 pounds He had been employed for several years by the W. R. Spencer Grocer Company as a salesman calling on retail grocers in the city of Jackson. Beginning late on the evening of February 10, 1944, about eight inches of snow had fallen up to 9 a. m., on the morning of February 11th.

On February 11, 1944, Mr. O'Neil made calls on various grocers during the forenoon and went home for lunch. During the afternoon he also called on various customers. About 4:45 p. m., deceased's car was seen stuck in the snow. Two or three boys were attempting to push it, while deceased was standing by the car steering it. About 5 p. m., he parked his car in the street in front of his home, went into the house, worked on some orders, ate dinner with his family, and then drove back to the office to attend a sales meeting at 7 p. m.

After the meeting was over, an assistant manager of the company rode home with Mr. O'Neil to a point four blocks from Mr. O'Neil's home. Mr. O'Neil appeared to be in normal health at that time. About 8:30 or 8:45 p. m., Mr. O'Neil came in the front door of his home. He was breathing hard, there was a bloody froth coming from his mouth, and he appeared to be in distress. He expired shortly after his arrival at home, before a doctor could be summoned.

Plaintiffs filed an application for hearing for adjustment of claim upon the theory that deceased had suffered a personal injury arising out of and in the course of his employment or became disabled, from an occupational disease. Plaintiffs urge that deceased had suffered a personal injury; and that the fortuitous event was the effort occasioned by the hazard of driving his car while roads were covered with a mantle of snow.

Defendants contend that deceased died of natural causes without the intervention of a fortuitous event; or that death was due to over exertion causing a strain on the heart when Mr. O'Neil made an effort to drive his car into his driveway after he had completed work for the day and had reached his home.

In awarding compensation, the department of labor and industry made the following finding of facts:

‘The exact cause of his death, other than cardiac failure is not shown. There is medical testimony indicating over exertion might bring on cardiac failure. A diseased heart is more susceptible to strain by over exertion than a normal heart. Here...