DeMichaeli & Associates v. Sanders

340 N.E.2d 796, 167 Ind. App. 669, 1976 Ind. App. LEXIS 779
CourtIndiana Court of Appeals
DecidedJanuary 28, 1976
Docket2-474A89
StatusPublished
Cited by24 cases

This text of 340 N.E.2d 796 (DeMichaeli & Associates v. Sanders) is published on Counsel Stack Legal Research, covering Indiana Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
DeMichaeli & Associates v. Sanders, 340 N.E.2d 796, 167 Ind. App. 669, 1976 Ind. App. LEXIS 779 (Ind. Ct. App. 1976).

Opinions

CASE SUMMARY

Buchanan, P.J.

— Defendant-Appellants, DeMichaeli & Associates, d/b/a The Cattlemen’s Restaurant and The' Travelers Insurance Company (DeMichaeli), seek review of an affirmative' Award by the Full Industrial Board of Indiana (the Board) in favor of Plaintiff-Appellee, Beulah Sanders (San[671]*671ders), granting compensation for the death of her husband, Charles Sanders (the Decedent), claiming the Findings of Fact were not specific enough for intelligent review, the Award was not supported by sufficient evidence, and erroneous rulings by the Board on certain questions asked during the hearing.

We reverse.

FACTS

The facts and evidence before the Board most favorable to Sanders are as follows:

On May 16, 1972, the Decedent died as a result of injuries sustained in a two-car accident at the intersection of County Road 600 West (also known as the Mount Comfort Road) and County Road 100 North in Hancock County, Indiana. The Decedent was employed by DeMichaeli as a dishwasher and was enroute to DeMichaeli’s office and warehouse located in Indianapolis, Indiana, at the time of the fatal accident.

On August 28, 1972, Sanders filed a Form 10 Application for Compensation with the Board. DeMichaeli responded with a General Denial and Special Answer which in part denied “that Plaintiff’s decedent was injured in an accident arising out of and in the course of his employment with the Defendant” and further alleged “that no compensation should be allowed Plaintiff, as prayed for in her Form No. 10 Application for the reason that the alleged accident and alleged injuries received by Plaintiff’s decedent on May 16, 1972, were proximately due to the commission by Plaintiff’s decedent of a misdemeanor in violation of law.”

The parties entered into a stipulation which in part read:

“That Charles L. Sanders died on May 16, 1972, as the result of injuries sustained in an automobile accident, which accident occurred at the intersection of County Roads 600 West and 100 North in Hancock County, Indiana; and that County Road 600 West is also known as the Mount Comfort Road,
[672]*672“That prior to his death plaintiff’s decedent was' treated by doctors and was admitted to Hancock County Hospital and his final medical amounts to $208.05; that funeral and burial expenses exceeded the statutory maximum.
“That on May 16, 1972, plaintiff’s decedent had been sent on an errand by his employer from his place of work in Hancock County to an office and warehouse owned and operated by the defendant in Indianapolis, Indiana, in the vicinity of 25th and Bolton; that plaintiff’s decedent left his place of employment on the instruction of his supervisor in his own automobile, and took what could be considered an alternate direct route to his destination.
“That the accident resulting in plaintiff’s decedent’s death occurred at approximately 10:45 A.M. on May 16, 1972.
“That prior to the accident at the intersection previously mentioned the plaintiff’s decedent was traveling west on County Road 100 North and a person by the name of Betty L. Estes was traveling north on County Road. 600 West, also known as Mount Comfort Road; that the intersection of County Road 100 North and 600 West was regulated by stop signs for the east-west traffic and that traffic on County Road 600 West, also known as Mount Comfort Road, had the right-of-way and did not have to stop at the intersection.
“That the defendant had notice of the accident and death of plaintiff’s decedent by actual knowledge on May 16,1972.”

At the hearing Jerry L. Owens, the investigating officer, testified that not only was the Decedent required to stop and yield the right of way, but below each stop sign • on County Road 100 North on which Decedent was traveling was a warning sign stating that cross traffic (travelers on County Road 600 West . . . Estes) does not stop. Owens further testified that the speed limit on County Road 600 West was 55 miles per hour and that judging from the point of impact, the front wheel of Estes’ car was across the center line of County Road 600 West at the time of collision.

Betty L. Estes (Estes) testified at the hearing that she approached the intersection at approximately 45 miles, per hour headed north on County Road 600 West and that she first observed the Decedent’s car “quite a ways away from the [673]*673intersection” because of the flat terrain. She also testified that she watched the Decedent’s car until just before reaching the intérsection, only looking away at that point to see if there were any oncoming cars. Although Estes did not observe the Decedent stop at the intersection, she only focused her' attention away from his car after she thought he was stopping because as she stated, “his car bow[ed] like he hit the brakes.”

The only other evidence relevant to the collision was Estes’ answer to a hypothetical qüestion posed by Sanders in which Estes testified that if she had known what was going to happen, i.e., that the Decedent was going to proceed into the intersection, at the point in time when she focused her attention away from the Decedent’s car, she could have possibly avoided the collision.

On December 20, 1972, the Hearing Member awarded compensation to Sanders and DeMichaeli filed a Form 16 “Application for Review by the Full Board”. Thereafter, on March 22, 1974, the Board entered the following Findings of Facts:

“That on October 22,1973, the defendant, by its attorney, EDWIN J. BUNNY, filed its Motion to Return Cause for Hearing Before a Single Hearing Member to Permit a Witness to Answer Questions on Direct Examination which Motion is in the following words and figures, to-wit:
(H. I.)

and which Motion is hereby denied.

“That on the 16th day of May, 1972, plaintiff’s decedent, Charles L. Sanders, was employed by the defendant, De-Michaeli and Associates d/b/a The Cattlemen’s Restaurant; that the decedent’s average weekly wage was in excess of the maximum.
“It is further found that the plaintiff, Beulah Sanders, was on the 16th day of May, 1972, the wife of the decedent by legal marriage in that on the aforesaid date she was the sole and only dependent of the said decedent.
“It is further found that the decedent died on May 16, 1972, as a result of injuries sustained in an automobile accident, which accident occurred at the intersection of [674]*674County Road 600 West and County Road 100 North in Hancock County, Indiana.
“It is further found that prior to his death, plaintiff’s decedent was treated by doctors and was admitted to the Hancock County Hospital; that the medical expenses totaled $208.05; that the funeral and burial expenses incurred as a result of the decedent’s death exceeded the statutory maximum;
“It is further found that the decedent had been, on the 16th day of May, 1972, sent on an errand by his employer from his place of work in Hancock County and that the plaintiff’s decedent left his place of employment upon the direct instruction of his supervisor in his own automobile and traveled what could be considered an alternate direct route to his destination;

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DeMichaeli & Associates v. Sanders
340 N.E.2d 796 (Indiana Court of Appeals, 1976)

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Bluebook (online)
340 N.E.2d 796, 167 Ind. App. 669, 1976 Ind. App. LEXIS 779, Counsel Stack Legal Research, https://law.counselstack.com/opinion/demichaeli-associates-v-sanders-indctapp-1976.