Matter of Klimas v. Trans Caribbean Airways
New York Court of Appeals
10 N.Y.2d 209, 219 N.Y.S.2d 14, 176 N.E.2d 714 (1961)
- Written by Jenny Perry, JD
Facts
Mary Klimas (plaintiff) was the widow of the director of maintenance and engineering (decedent) for Trans Caribbean Airways, Inc. (airline) (defendant). Before the decedent’s death, the airline’s president publicly blamed the decedent for one of the airline’s two aircraft having been grounded because of corrosion on a wing. The plane was sent to Texas to be repaired by a third-party contractor. When the decedent received the bill for the repairs, he was shocked at the amount and worked nearly continuously for several days trying to find a way to reduce the charges. The decedent then suffered a fatal heart attack that an independent examiner attributed, at least in part, to the stress and anxiety the decedent was under due to the repair bill and problems with the plane. The workers’-compensation board awarded death benefits to Klimas, but the appellate division reversed, holding that in the absence of any physical strain, there was no industrial accident on which to base an award of benefits. Klimas appealed.
Rule of Law
Issue
Holding and Reasoning (Froessel, J.)
Dissent (Desmond, C.J.)
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