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Johnson v. Cleveland Coca-Cola Bottling Co.2/3/2005
{ } The Cleveland Coca-Cola Bottling Company ("Cleveland Coke") appeals from a jury verdict, which found that Kathleen Johnson was entitled to participate in the Worker 's Compensation Fund due to the death of her husband, Riley Johnson, who was employed by Cleveland Coke. After reviewing the record and the arguments of the parties, we affirm the jury's verdict and rulings made by the trial court.
{ } Riley Johnson was employed by Cleveland Coke as a maintenance mechanic and was responsible for the morning start-up of Cleveland Coke's production equipment at the bottling plant located in Bedford Heights, Ohio. Riley was responsible for preparing, servicing, and assisting with machinery and equipment in Cleveland Coke's production department, including the ammonia refrigeration system.
{ } In the production of soft drinks, water must be mixed with syrup and then cooled to a temperature between 33 and 36 degrees Fahrenheit in order to bottle the product; this cooling process prevents "foam" from accruing in the bottles. The cooling process is accomplished through the use of an ammonia refrigeration system that is designed to run automatically. The system cools by converting liquid ammonia into a gas, which is then cycled through the system and eventually returned to a liquid form at the compressors.
{ } On the morning of September 8, 1998, Riley Johnson was notified by Stanley Kopchian, a filler operator, that the temperature of the syrup and water mixture was not dropping to the required levels to commence bottling. Riley went to the compressor room where he manually started the refrigeration system. An over-pressurization of the system occurred, which caused a high-pitched alarm to sound and warning lights to activate. The over-pressurization of the system also caused a safety valve located on the building's roof to open and release ammonia gas. Following this release, the refrigeration system began to cycle and operate normally. Riley went to the roof to ensure that the safety valve had properly closed and reset itself, then waited for the fire department to arrive. It was only the second time in twenty years that such an over-pressurization of ammonia gas had occurred at a Coke facility.
{ } Later that day, Riley reported to his supervisor that he was experiencing neck pain and a severe headache. Riley was taken to Meridia South Point Hospital where he was treated for chemical inhalation of ammonia. He rested at home for two days, but on September 10th, he was still not feeling well, so his wife took him to the Brunswick Family Practice. Upon examination, Dr. Miller ordered a CT scan, which showed "abnormalities" in Riley's brain. On September 16th, Riley was taken to MetroHealth Medical Center where Dr. Yoshiro Takaoka diagnosed him as suffering from a rupture of a basilar tip aneurysm. The aneurysm was determined to be congenital.
{ } On September 18, 1998, Riley underwent surgery in an attempt to "clip" the bleeding aneurysm. He suffered two major strokes during the procedure and never regained consciousness. Following the surgery, he was transferred to a nursing home where he remained in a vegetative state until his death on March 28, 1999. Riley was forty-three years old.
{ } Kathleen Johnson, as the surviving spouse of Riley Johnson, and also as the fiduciary of his estate, filed an application for medical benefits and compensation, including death benefits, with the Bureau of Workers' Compensation. Kathleen claimed her husband's death resulted from work place stress that caused a physical injury. Her application was contested by Cleveland Coke, a self-insured employer under the program. On January 3, 2001, the Industrial C
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