Wickman v. Northwestern National Life Insurance Company

Facts

Michael Blanchette was driving southbound and as he approached the bridge near the overpass of Route 105 he observed an automobile, later identified as Wickman's, parked in the break-down lane, and Wickman approximately thirty feet away. He saw Wickman standing on the outside of the bridge's guardrail, holding on to it with only his right hand. Blanchette turned his eyes to check on traffic, and upon looking back he saw Wickman no longer holding on to the rail but free-falling to the railroad tracks below. At the point from which Wickman had been first observed, the bridge had been erected forty to fifty feet above the railroad tracks below. About thirty-five yards further on, the bridge stands ninety feet above the tracks. To reach that point, Wickman would have had to walk head-on into high-speed traffic. The bridge guardrail is three to four feet high and is constructed of intermittent vertical concrete posts crossed by three continuous metal horizontal railings. No area or lip extends outside the railing on the bridge for walking or standing. An edge of a steel support beam about one foot below the bridge roadway projects outward for a few inches. The magistrate ultimately concluded, 'It is not reasonable to believe that Mr. Wickman either fell over or through the guardrail or otherwise came to be on the outside through mistake or inadvertence. Clearly, it would take a conscious effort to climb over or through the guardrail on the bridge.' Blanchette pulled over, stopped a tow truck, and requested the driver to obtain police and ambulance assistance. Blanchette then ran down the embankment to administer first aid to Wickman. Blanchette treated him for shock and asked him several questions. Wickman told Blanchette his name and occupation, and that he had a family. Blanchette asked Wickman in 'two or three different ways' why he had jumped, but Wickman failed to respond. Trooper Condon also asked Wickman some general questions and obtained responses to all of his questions except as to what had happened. Upon admission to the hospital, Trudy Dooley, the hospital emergency admissions secretary, asked Wickman who was his next of kin. Wickman at first did not provide the next of kin information. Eventually, after some prodding, he told Dooley that 'they don't care,' and 'it doesn't matter.' When asked about his religion, his initial response also was 'It doesn't matter.' When Dooley asked what had happened, he told her 'I jumped off.' P arrived at St. Luke's and spoke with Wickman, touched and kissed him, but evidently, he did not recognize her for he kept saying, 'Where's my wife?' and 'I love my wife and I love my children.' Wickman went into cardiac arrest and was transferred to Brockton Hospital where he died later that evening. Dr. Howard Carpenter, a medical examiner stated the cause of death as suicide. Shortly thereafter, a nurse's note from St. Luke's was brought to Carpenter's attention. The note read, 'Admission to E.R. post-fall from 50' bridge to rail track, awake oriented X 3, states 'fell.'' Dr. Carpenter issued an amended certificate, fixing the cause of death as 'fall from 90-foot bridge.' Dr. Carpenter claims that this is the only death certificate he ever changed in the more than five thousand that he had prepared during his time in the coroner's office. Wickman was covered by a D-issued group life and AD & D policy held by his employer, Dexter Corporation (Dexter). P was named as the beneficiary. The accidental death provisions provided that an accident was 'an unexpected, external, violent and sudden event.' The policy also specifically noted that it did not pay benefits if the loss was either directly or indirectly caused by 'suicide or intentionally self-inflicted injury, whether . . . sane or insane.' P submitted claims under both the accidental death and life insurance policy provisions. She received a benefit payment of $105,000 on the life insurance policy. D denied her claim for an equal amount under the accidental death provisions. P sued D alleging that Wickman had not committed suicide, but ended up on the wrong side of the guardrail when he became disoriented while looking for help after his car broke down. The car showed no defects of any kind after a mechanical inspection. P asserted that Wickman, a devout Catholic, would not commit suicide and that he was in the midst of planning a vacation. P alleged that he showed no signs of depression, and had never contemplated suicide. The district court dismissed the complaint, holding that the insurance policy was a part of the plan governed by ERISA, and as such ERISA preempted any state law claims. P amended the complaint to add claims under ERISA. The court dismissed the common law claim. The magistrate performed a de novo review of the facts and determined that Wickman's death was not accidental and denied P's claim for AD & D benefits. The court held as a matter of law that the insured did not lose his life because of an accident as defined under the policy. P appealed. 

Issues

Rule of Law

Holding and Decision

Legal Analysis

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