Hawk v. Jim Hawk Chevrolet-Buick, Inc.
Iowa Supreme Court
282 N.W.2d 84 (1979)
- Written by Serena Lipski, JD
Facts
James Hawk II was, among other things, president and an employee of Jim Hawk Chevrolet-Buick, Inc. (the dealership) (defendant). As part of his work for the dealership, Hawk traveled from Denison, Iowa, to Council Bluffs, Iowa, to examine cars they were considering for customers and to discuss the sale of two vehicles with business associates. Hawk was a student pilot, and he chose to fly his plane without an instructor from Denison to Council Bluffs, which was a greater distance than permitted by Hawk’s student-pilot certificate. Hawk successfully flew the distance, spent the day meeting with business associates, and went to a party in the evening, during which he consumed alcohol. At 2:30 a.m., Hawk decided to fly back to Denison so that he could be back in time for a morning meeting at the dealership. Hawk’s decision was despite Federal Aviation Administration regulations that prohibited pilots from flying within eight hours of consuming alcohol, the late hour, and heavy fog. Hawk crashed his plane shortly after takeoff, and he died as a result. Hawk’s widow, Mary Jean Hawk (plaintiff), filed a claim for workers’-compensation death benefits. At the hearing, an expert testified that because Hawk was not an instrument-trained pilot, he would have been disoriented because of the fog and crashed regardless of any alcohol consumption. The deputy industrial commissioner held that Hawk’s death was compensable and awarded Mary Jean benefits. The dealership and its insurer, Universal Underwriters Insurance Company (Universal) (defendant), sought review, and the industrial commissioner determined that Hawk’s death was caused by his unusual and rash act and denied the claim. Mary Jean appealed, and the district court reversed. The dealership and Universal appealed.
Rule of Law
Issue
Holding and Reasoning (McGiverin, J.)
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