STOCKBERGER V. UNITED STATES OF AMERICA
332 F.3d 479 (7th Cir. 2003)
NATURE OF THE CASE: Stockberger (P) appealed a summary judgment for United States (D) in
P's suit under the Federal Tort Claims Act and under Indiana tort law for alleged negligence
in connection with the death of her husband.
FACTS: Maurice (P), an employee of the federal prison at Terre Haute, Indiana, was an
insulin-dependent diabetic and known to be such by his coworkers. When coworkers noticed
that he was in one of his hypoglycemic states, they would urge him to eat, or to drink
Ensure, a nutritious liquid food substitute. On the day of his death, one of his coworkers
noticed that P was complaining about feeling ill and said that he wanted to go home and was
having one of his hypoglycemic episodes. That worker offered him an Ensure, which he drank.
P felt better but still wanted to go home. Coworkers wanted him to remain at the prison
'until he recovered,' but he was adamant about leaving. The coworker who had given him
Ensure thought that P was in no condition to be driving, but he did not offer to drive nor
did he try to take away his car keys; nor did he try to contact P's supervisor or wife. The
prison had often provided transportation for sick employees, including diabetic
employees--including in fact P. But it had no written policies concerning the treatment of
sick employees. P drove very erratically veering off the road and then back onto it,
knocking down traffic signs, and eventually colliding with a tree. His truck burst into
flames when it hit the tree, and he died. P sued D in negligence for failing to have a
policy of providing transportation for employees who become dangerously ill at work. P also
sued for a breach of the duty of care imposed by Indiana tort law.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
Get
free access to the entire content for Mac, PC or Online
for 2-3 days and free samples
of all kinds of products.
for 2-3 days and free samples of all kinds of products.
https://bsmsphd.com
© 2007-2016 Abn Study Partner
No comments:
Post a Comment