MADISON, Wis. (AP) — A person who fell into melancholy and tried suicide after he was gored by a bull can’t sue an insurance coverage firm for deciding to cease overlaying his medicine, the state Supreme Court docket dominated Thursday.
In response to court docket paperwork, Francis Graef was gored whereas working at a Bonduel livestock yard in 2012. The assault triggered a bout with melancholy and a physician prescribed medicine for him. The livestock yard’s employee’s compensation insurance coverage service, Continental Indemnity Co., initially coated the price of the drugs.
However the insurance coverage firm ended its protection in 2015, leaving Graef with out his medication. Two months later he shot himself. He survived and in 2017 filed a negligence lawsuit in opposition to the corporate, arguing the choice to finish protection led to the suicide try. The lawsuit sought damages for the suicide try, medical bills and ache and struggling.
The insurance coverage firm countered that Graef ought to have filed a employee’s compensation declare, which might doubtless lead to decrease injury payouts than a lawsuit. A circuit court docket rejected that argument however the third District Court docket of Appeals sided with the corporate final yr.
The Supreme Court docket dominated 6-1 that below state legislation Graef’s allegations quantity to a employee’s compensation declare.
Graef clearly sustained his preliminary damage on the job by way of no fault of his personal and his subsequent accidents — his self-inflicted gunshot wound and melancholy attributable to discontinuation of his medication _ grew out of the bull assault, the court docket discovered. The scenario suits the circumstances for employee’s compensation legal responsibility, not a negligence lawsuit.
Justice Rebecca Grassley was the lone dissenter, writing that Graef’s arguments had been underdeveloped and the court docket ought to have given him an opportunity to broaden them earlier than ruling he can’t pursue his claims in court docket.
Graef’s lawyer, George Burnett, declined to remark.
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