Marshall v. Marshall-Koehl, Inc.

GULOTTA, Judge.

Defendants appeal from a judgment awarding plaintiff workmen’s compensation death benefits, based on a claim arising out of an automobile accident in which Gerard Marshall was killed while employed by Marshall-Koehl, Inc. The thrust of defendants’ appeal is two-fold: 1) that plaintiff failed to show by a preponderance of the evidence that the accident occurred while decedent was in the course of employment,1 and 2) that decedent’s intoxication at the time of the accident2 is a bar to recovery.

On December 20, 1973, at approximately 9:30 p. m., decedent, vice-president of…