Box v. Goodyear Tire & Rubber Co.

MEMORANDUM OPINION

MADELINE HUGHES HAIKALA, District Judge.

This is an ERISA action. Plaintiff Kevin Box, individually and as the representative for the Estate of Kenneth Box, and plaintiff Kgtrina Evatt seek pension benefits under defendant Goodyear Tire & Rubber Company’s 1950 Pension Plan. Plaintiffs are the children of Kenneth Box. Mr. Box was an employee of Goodyear from September 5, 1975 until August 5, 2003, and he participated in the company’s pension plan. On August 5, 2003, Mr. Box was shot and killed by his wife, Barbara A. Box.

At the time of his death, Mr. Box was an active Goodyear…