Lucas v. Insurance Co. of North America

I respectfully dissent.

The majority “pretermits” the issue of disability and rests its decision solely upon its finding of lack of causal relationship between plaintiff’s accident and his subsequent disability. I shall address the issue of disability at the outset, proceed to establish a causal link between the disability and the accident, and finally deal with the aspect of this case relative to penalties and attorney’s fees.

DISABILITY

On February 15, 1970, plaintiff was in the employ of I. E. Miller & Sons, functioning in the capacity of driver of an oilfield gin pole truck. After driving…