Snowden v. Helget Gas Products, Inc., 091407 NEWC, 2574

• Case Date: September 14, 2007
• Court: Nebraska

PAMELA SNOWDEN, Widow of Deceased Employee JEFFREY SNOWDEN; and GENEVIEVE SNOWDEN, Dependent of  Deceased Employee, Plaintiffs, v. HELGET GAS PRODUCTS, INC., a Corporation, Defendant. No. 2574 DOC 203 Nebraska Workers Compensation September 14, 2007           Jerold V. Fennell, Attorney at Law           W. Craig Howell, Attorney at Law           Matthew J. Buckley, Attorney at Law           CONCURRENCE           J. Michael Fitzgerald, JUDGE          Plaintiffs appeal from the entry of an Award by the trial judge.          In plaintiffs’ assignments of error, the plaintiffs assign as follows the conclusions of law by the trial Court assigned as error are: (1) plaintiffs had the burden of proof to establish that the fatal ingestion of narcotic drugs by Jeffrey Snowden was non-voluntary; (2) the intentional ingestion of narcotic drugs by Jeffrey Snowden was "willful"; and, (3) where there was no expert testimony of Jeffrey Snowden’s active negligence was voluntary.          Plaintiffs argue in their brief that the trial judge erred in placing the burden of proof on the plaintiffs to show that plaintiff decedent’s pain from his injury on February 18, 2002, was sufficient to cause the plaintiff decedent to commit suicide as the Nebraska Supreme Court held in Friedeman v. State, 215 Neb. 413, 339 N.W.2d 67 (1983).          In Breckenridge v. Midlands Roofing Co., 222 Neb. 452, 384 N.W.2d 298 (1986) the Nebraska Supreme Court stated:

The facts of this case lead to an initial conclusion of unexplained death. In an action to obtain an award of benefits under the Nebraska workmen’s compensation law, the burden of proof is on the plaintiff to establish by preponderance of the evidence that the injury or death was sustained by an accident arising out of and in the course of the employment. Hannon v. J. L. Brandeis & Sons, Inc., 186

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