Frankel v. Abbotts Dairies, Inc.

CLARY, District Judge.

This is a diversity action for the wrongful death of decedent, William Cole, who was employed by the defendant, Abbotts Dairies, Inc. The complaint alleges that notwithstanding the fact that the defendant-employer knew that the decedent was suffering from duodenal ulcers and a heart condition (which knowledge was the result of a physical examination of the decedent by the company doctor), and further knew or should have known that the decedent was so disabled that the performance of *637his regular duties as a driver-salesman would be detrimental to his health and…