Zytkewick v. Ford Motor Co.

65 N.W.2d 813, 340 Mich. 309, 1954 Mich. LEXIS 358
CourtMichigan Supreme Court
DecidedSeptember 8, 1954
DocketDocket 56; Calendar 45,837
StatusPublished
Cited by4 cases

This text of 65 N.W.2d 813 (Zytkewick v. Ford Motor Co.) is published on Counsel Stack Legal Research, covering Michigan Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Zytkewick v. Ford Motor Co., 65 N.W.2d 813, 340 Mich. 309, 1954 Mich. LEXIS 358 (Mich. 1954).

Opinions

Btjtzel, C. J.

Theresa Zytkewick, plaintiff and appellee, following the death of her husband, John Zytkewick, as a result of cyanide poisoning, applied for compensation under the workmen’s com-, pensation act. Ford Motor Company, defendant and appellant, the employer of the decedent, denied liability. The deputy commissioner denied the claim upon the basis that there was no evidence of a personal injury arising out of and in the course of the deceased’s employment. On review before the commission, the decision of the deputy commissioner was reversed and compensation was awarded to the plaintiff for total dependency plus the statutory' [312]*312funeral allowance. Defendant, on leave granted, has appealed.

John Zytkewick had been employed by the defendant for a period of 25 years. Just prior to bis death, be had worked as a machine operator on tbe afternoon shift in tbe gear-case department in tbe gear and axle building at defendant’s Rouge plant in Dearborn, Michigan.

On October 11, 1950, decedent arose at tbe usual time, ate bis breakfast, and then took bis morning walk. On returning home, be listened to tbe radio, ate bis lunch, and then took a nap as was bis custom. He left for work at tbe regular time and, according to bis wife’s testimony, at that time was healthy, smiling and talking- to her in bis usual manner. . He rode to work with 4 other Ford employees who also were employed in tbe gear and axle building but not in the same department in which decedent worked. He left tbe plant that evening at 10:30 p.m., walked to tbe employees’ parking lot, and rode part of tbe way home with several other employees. Tbe testimony indicates that at tbe time be left tbe car decedent did not appear well. Decedent left the car at a point 3/4 of a mile' from bis home from which point be usually walked home. He arrived home at 11 p.m. His wife, who bad retired for tbe night, beard him scraping bis shoes on tbe porch at that time but she did not leave her bedroom and, therefore, did not see him that evening.

Tbe next morning decedent’s clothes were found on tbe floor near bis bed; bis shoes were in tbe bedroom. Decedent normally placed bis shoes in tbe bathroom and bung bis clothes behind tbe door of bis bedroom. One empty beer bottle was found in tbe kitchen. Decedent when first seen by bis wife that morning was lying face down on bis bed dressed in [313]*313his underwear. Plaintiff immediately called a doctor. A subsequent autopsy disclosed the cause of death to be cyanide poisoning. An investigation by the police some 15 days later, although admittedly not a microscopic one, failed to disclose any cans, boxes or traces of cyanide about the Zytkewick home. The doctor who testified at the hearing stated that 2-1/2 grains of cyanide, an amount 1/2 the size of the normal 5-grain aspirin tablet, was sufficient to cause death. This testimony was to the effect that an amount of cyanide sufficient to cause death could be carried under the fingernails, on the hand, or on the shoes of a person. The doctor testified that death usually resulted within 1 to 5 minutes after taking the cyanide but some persons had survived for 4 hours. He also stated that some people died after taking less than 2-1/2 grains and others survived after taking larger doses.

Defendant used sodium cyanide in the gear and axle building but the compound was not used in the department in which decedent was employed. Decedent’s work location was some 420 feet from the heatfreating department where cyanide was used in large quantities in a metal hardening process. Decedent frequently walked through the heat-treating department in making his exit from the plant. Testimony indicates that the cyanide was stored in sealed or closed containers in the area around the drinking fountain located 75 feet from decedent’s work location. One witness testified that, subsequent to decedent’s death, he saw cyanide piled on top of these containers. The cyanide was also used in a copper-plating process about 50 feet from the decedent’s work area. Testimony further indicates that stock boxes which had previously contained cyanide were used in shipping material into decedent’s department and about the building. The union safety officer testified that he had made complaints about the [314]*314handling of cyanide in the building. It is plaintiff’s claim that decedent accidentally contacted the cyanide while at work and that the subsequent ingestion of the cyanide was an accidental result of the original contact.

In awarding compensation the commission stated:

“The employee, the only person who would know what happened, is dead and we are without the benefit of his testimony, but certain facts are beyond dispute. He died from the ingestion of cyanide. There was cyanide present in the building in which he worked and although he did not use it in the performance of his duties, his proximity to it made contact with it possible. Potassium cyanide is not freely available to the general public and only a small quantity taken into the body results in almost instantaneous death. It is therefore a compelling inference that the poison must have entered his mouth after he returned home from work. His failure to complete his normal pre-retirement routine makes this conclusion almost inescapable. The presumptions against suicide and criminal action and the absence of any evidence to rebut these presumptions leaves the only remaining explanation that of accidental ingestion. The logical inquiry is where then did he contact the cyanide and the only reasonable answer is that he must have accidentally come in contact with the substance in the building where he worked and that he carried it home on his person. The precise manner in which it was ingested at home need not be established.”

The absence of evidence to rebut the presumption against suicide or death by criminal action leaves, as stated by the commission, the remaining cause of death as that of accidental ingestion of cyanide. Wishcaless v. Hammond, Standish & Co., 201 Mich 192; Hawkins v. Kronick Cleaning & Laundry Company, 157 Minn 33 (195 NW 766, 36 ALR 394). Defendant contends that there was no evidence that [315]*315the accidental death arose out of and in the course of the decedent’s employment. Defendant further contends that the fact that there existed a possibility that the death arose out of and in the course of the employment is insufficient basis for granting the award of compensation. Defendant asserts that liability in the present case was predicated upon conjecture and speculation and not upon competent evidence. Chaudier v. Stearns & Culver Lumber Company, 206 Mich 433 (5 ALR 1673); Hubbard v. Republic Motor Truck Company, 216 Mich 358; Wiio v. Quincy Mining Company, 217 Mich 476; Allen v. Robert Gage Coal Co., 218 Mich 347; Wiltse v. Borden Farm Products Company, 328 Mich 257.

It is the appellee’s contention that the award was based upon a reasonable and natural inference from the evidence before the commission; that the circumstantial evidence in the case properly justified the commission’s finding that the only logical inference that could be drawn was that decedent’s death was caused by an accidental contact with cyanide during his employment. See Rogers v. Ford Motor Company, 287 Mich 104; Dove v. Alpena Hide & Leather Company, 198 Mich 132; Frankamp v. Fordney Hotel, 222 Mich 525; Woodburn v. Oliver Machinery Company,

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Zytkewick v. Ford Motor Co.
65 N.W.2d 813 (Michigan Supreme Court, 1954)

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Bluebook (online)
65 N.W.2d 813, 340 Mich. 309, 1954 Mich. LEXIS 358, Counsel Stack Legal Research, https://law.counselstack.com/opinion/zytkewick-v-ford-motor-co-mich-1954.