CRITCHLOW v. FIRST UNUM LIFE INS. CO. OF AMERICA

Docket No. 02-7585.

340 F.3d 130 (2003)

Shirley M. CRITCHLOW, Plaintiff-Appellant, v. FIRST UNUM LIFE INSURANCE CO. OF AMERICA, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided August 6, 2003.

As Amended August 12, 2003.


Attorney(s) appearing for the Case

CHRISTOPHER J. CALABRESE, Esq. Rochester, NY for Appellant.

PAUL K. STECKER, Esq. Phillips, Lytle, Hitchcock, Blaine & Huber, Buffalo, NY for Appellee.

Before: VAN GRAAFEILAND, KEARSE and B.D. PARKER, JR. Circuit Judges.


Judge KEARSE dissents in a separate opinion.

ELLSWORTH VAN GRAAFEILAND, Senior Circuit Judge.

On February 26, 1999, David Critchlow, the thirty-two year old son of Shirley Critchlow, died as the result of autoerotic asphyxiation, i.e. strangulation by a self-imposed noose around his neck. The groove in David's neck that was caused by the strangulation is clearly visible in a postmortem photograph taken by the police, a tragic depiction that speaks for itself...

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