Legal Opinion

Claim of Klimas v. Trans Caribbean Airways, Inc.

New York Court of Appeals

Decided July 7, 1961PublishedCited by 31 opinions

1Opinion of the Court

Froessel, J,

Decedent, 33 years old, with no prior known history of heart disease, died on March 10, 1956 of a myocardial infarction. His death occurred eight months after a general checkup—made when applying for his pilot’s license—disclosed his physical condition to be essentially normal.

The Appellate Division found that the record contained substantial medical testimony (including that of an impartial specialist) connecting decedent’s heart attack to the emotional stress of his work—the “severe and protracted state of emotional upset” which “reached a climax” during the three-day period…

2Cases cited8 opinions

  1. Claim of Masse v. James H. Robinson Co.New York Court of Appeals · 1950
  2. Claim of Lesnik v. National Carloading Corp.Appellate Division of the Supreme Court of the State of New York · 1955
  3. Claim of Lesnik v. National Carloading Corp.New York Court of Appeals · 1956
  4. Claim of Thompson v. City of BinghamtonAppellate Division of the Supreme Court of the State of New York · 1926
  5. Claim of Furtardo v. American Export Airlines, Inc.Appellate Division of the Supreme Court of the State of New York · 1948

3 more not listed; retrieve them via the Exa API.

3Cited by31 opinions

  1. Wolfe v. Sibley Lindsay & Curr Co.New York Court of Appeals · 1975
  2. Middleton v. Coxsackie Correctional FacilityNew York Court of Appeals · 1975
  3. Danziger v. Employers Mut. Liability Ins. Co. of Wis.Supreme Court of Louisiana · 1963
  4. City of Boulder v. StreebSupreme Court of Colorado · 1985
  5. New Hampshire Supply Co. v. SteinbergSupreme Court of New Hampshire · 1979

26 more not listed; retrieve them via the Exa API.

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