Botts v. Hartford Accident & Indemnity Co.

Plaintiff Margaret Botts brought this action as beneficiary to recover death benefits under a group accident insurance policy issued by defendant. At the conclusion of plaintiff’s case-in-chief, the trial court granted defendant’s motion for judgment of involuntary non-suit and plaintiff appeals.

Decedent Melvin Botts died at age 51 after suffering a myocardial infarction. He was stricken while operating a grader for the State Highway Division on a crew working between Lostine and Wallowa in Wallowa County. Decedent was a novice grader operator, was anxious and eager to learn the job, and had…