(Download) "Matter Claim Sadie Rosen v. Rose Housewares" by Supreme Court of New York * Book PDF Kindle ePub Free
eBook details
- Title: Matter Claim Sadie Rosen v. Rose Housewares
- Author : Supreme Court of New York
- Release Date : January 23, 1970
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 67 KB
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[34 A.D.2d 719 Page 719] The decedent, Sam Rosen, was employed as an officer, salesman and buyer by the employer herein, a family owned corporation
dealing in housewares. The employer rented two cars, one for decedent and the other for his brother Abraham. These cars were
used for company business as well as for private use, and were also used during working hours by other employees to make deliveries.
On April 27, 1967 decedent was proceeding in a westerly direction on Grand Central Parkway when he lost control of his car
which mounted the north curb, struck a light pole and then struck a concrete abutment. He died on the same day. Claimant,
decedent's widow, testified that the night before the accident decedent told her that he was going to do some buying in the
morning and would not be in the store until afternoon. Decedent's brother testified that most of the buying was done from
salesmen who came to the store, at trade shows, from jobbers and manufacturers; that they dealt with 50 to 60 sellers in the
New York City area; that merchandise was always needed; that occasionally decedent had gone out to buy in the morning; that,
if his brother was on a buying trip in the morning, he would know about it; that he did not recollect being told that his
brother was going on a buying trip on the morning of the accident. He further testified that he was never on good terms with
his brother's widow. A former employee testified that during the 25 years that he was employed by the Rosen firms, decedent
did most of the buying; that the buying was not done at any particular time; that he did not know of any consultation had
by decedent prior to going out to buy; that it was necessary for decedent to go out to the jobbers to see the merchandise;
and that decedent was more the outside man than his brother Abraham, since he bought linoleum only whereas decedent bought
house furnishings. The autopsy performed on decedent revealed the cause of death to be a massive hemorrhage from a ruptured
atherosclerotic abdominal aortic aneurysm. Conflicting medical testimony was introduced as to whether the ruptured aneurysm
caused the accident, or the accident caused the rupture of the aneurysm. The board found that the accidental injury arose
out of and in the course of employment; that the accident caused a rupture of an aneurysm; and that the death was causally
related to the accident. Appellants contend that the board's decision that the accident arose out of and in the course of
employment is based upon the uncorroborated hearsay testimony of the claimant widow, and that section 118 of the Workmen's
Compensation Law requires corroboration; that the accident did not arise out of or in the course of decedent's employment;
and that the finding of causally related death is not supported by substantial [34 A.D.2d 719 Page 720]