SYLLABUS

(This syllabus is not part of the opinion of the Court. It has been prepared by the Office of the Clerk for the convenience of the reader. It has been neither reviewed nor approved by the Supreme Court. Please note that, in the interests of brevity, portions of any opinion may not have been summarized).

James E. Tlumac v. High Bridge Stone (A-69-05)

Argued March 20, 2006 -- Decided July 19, 2006

WALLACE, JR., J., writing for a unanimous Court.

In this appeal, the Court must determine whether the statutory defense of intoxication requires that intoxication be the sole cause of an employee’s work-related injuries to bar recovery for workers’ compensation benefits.

James Tlumac drove a tractor-tailor for High Bridge Stone. In February 2004, he worked 12 days in a row and logged a total of 230 hours. His wife had recently suffered a broken hip, causing him to have more family responsibilities and lose 2 to 3 hours of sleep each night. On February 28, 2004, he worked on the roof of his home while drinking several beers. He had another beer before going to bed around 8:00 p.m. without eating dinner. He woke at 2:15 a.m. the next morning. His wife talked to him as he made coffee and packed lunch for work. She did not notice that he had any trouble talking, standing or walking.

Tlumac drove to his place of work, obtained his paperwork and inspected his tractor-trailer. He left at 3:30 a.m. to make a delivery to Virginia. He drove about 30 miles south on Route 31 and navigated turns, a traffic circle and an exit ramp. The last thing he remembered was driving through a green light and approaching a turn. The officer who responded to the accident scene found that the tractor-trailer had traveled 180 feet off the road, contacted the curb for 80 feet, jumped the curb and traveled 66 feet on the dirt shoulder, hit and rubbed against the guardrail for 247 feet, struck the front bumper of a parked truck, and hit a utility pole before resting against a tree. The officer found Tlumac in the driver’s seat, disoriented with head injuries. He detected an odor of alcohol, but found no alcohol in the vehicle. Tlumac told the officer that he had been drinking the night before and that he had fallen asleep at the wheel. Tlumac was admitted to the hospital with multiple injuries, including a broken back and a fractured vertebra in his neck. Tlumac’s blood samples had a blood alcohol level of 0.087 at 5:28 a.m. and 0.088 at 7:18 a.m. Tlumac remained hospitalized for 17 days.