Stockberger v. United States Of America

332 F.3d 479 (7th Cir. 2003)

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Nature of the Case

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Facts

Maurice (P), an employee of the federal prison at Terre Haute, Indiana, was an insulin-dependent diabetic and known to be such by his coworkers. When coworkers noticed that he was in one of his hypoglycemic states, they would urge him to eat, or to drink Ensure, a nutritious liquid food substitute. On the day of his death, one of his coworkers noticed that P was complaining about feeling ill and said that he wanted to go home and was having one of his hypoglycemic episodes. That worker offered him an Ensure, which he drank. P felt better but still wanted to go home. Coworkers wanted him to remain at the prison 'until he recovered,' but he was adamant about leaving. The coworker who had given him Ensure thought that P was in no condition to be driving, but he did not offer to drive nor did he try to take away his car keys; nor did he try to contact P's supervisor or wife. The prison had often provided transportation for sick employees, including diabetic employees--including P. But it had no written policies concerning the treatment of sick employees. P drove very erratically veering off the road and then back onto it, knocking down traffic signs, and eventually colliding with a tree. His truck burst into flames when it hit the tree, and he died. P sued D in negligence for failing to have a policy of providing transportation for employees who become dangerously ill at work. P also sued for a breach of the duty of care imposed by Indiana tort law.