Carey v. Bryan & Rollins

117 A.2d 240 (1955)

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Carey v. Bryan & Rollins

Delaware Superior Court
117 A.2d 240 (1955)

Facts

Charles Carey (plaintiff) was employed by Bryan & Rollins (defendant). Carey was injured when the pickup truck he was driving on the highway left the road and struck a telephone pole. The speed limit was 50 miles per hour, and Carey was driving between 55 and 65 miles per hour. Carey lost control of the vehicle after trying to light a cigarette, dropping it on the floor, and reaching to recover it. Delaware’s penal motor-vehicle statute prohibited speeding and reckless driving. The Industrial Accident Board awarded Carey workers’-compensation benefits related to the accident. Bryan & Rollins appealed to the superior court, arguing that any violation of the penal motor-vehicle statute should result in automatic disqualification from workers’-compensation benefits.

Rule of Law

Issue

Holding and Reasoning (Herrmann, J.)

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