justice1A local airline employed a flight surgeon and assigned him at its medical clinic in Nichols. His regular shift was from 4:00 p.m. until 12:00 midnight. Living only five minutes away from his work, he regularly had dinner in his home.

One night, there was an emergency call from cargo services while the flight surgeon was at home having dinner. An employee suffered a heart attack. The nurse on duty called the flight surgeon to inform him of the emergency and he immediately left his home. The patient arrived at 7:50 p.m. and was immediately rushed to the hospital. Even though the flight surgeon arrived at 7:51 p.m., the patient was no longer in the premises. In an unfortunate turn of events, the employee died the following day.

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