Needleman, et al v. John Hancock Life

*Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion
should not be published and is not precedent except under the limited
circumstances set forth in 5TH CIR. R. 47.5.4.
United States Court of Appeals
Fifth Circuit
F I L E D
October 30, 2006
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 06-10389
Summary Calendar
JASON NEEDLEMAN,
as trustees and beneficiaries of the 1998 Needleman Irrevocable
Trust,
JOSH NEEDLEMAN,
as trustees and beneficiaries of the 1998 Needleman Irrevocable
Trust,
Plaintiffs-Appellants,
versus
JOHN HANCOCK LIFE INSURANCE COMPANY,
Defendant-Appellee.
Appeal from the United States District Court
For the Northern District of Texas
(3:03-CV-1955)
Before KING, HIGGINBOTHAM, and GARZA, Circuit Judges.
PER CURIAM:*
Plaintiffs Jason and Josh Needleman, acting as trustees of
their late father’s estate, appeal from a district court’s order
granting John Hancock’s motion for summary judgment on the
affirmative defense of suicide. We affirm.
Michael Needleman died in a bathtub, shot in the chest with a
.357 Magnum revolver. His wife witnessed the suicide, having

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discovered him in the bathroom, armed, redfaced, and crying. When
she entered, he told her, “I wanted to do this before you got
home.” After 45 minutes, with his wife by his side, he pulled the
trigger.
The district court ruled that John Hancock had proved the
affirmative defense of suicide as a matter of law, pretermitting a
scheduled bench trial. Plaintiffs speculate that Needleman might
have slipped in the bathtub, accidentally discharging his weapon.
In support, Needleman’s son submits in an affidavit that the .357
Magnum has a hair trigger. There was a witnesses to the suicide,
however. And Mrs. Needleman’s deposition testimony does not
support the plaintiff’s account. Mrs. Needleman was asked, “And
what facts to you have to suggest that his elbow slipped?” She
responded, “I do not have any facts.” When pressed further, she
reiterated, “I know of no facts.”
Plaintiffs next argue that it would have been irrational for
Needleman, a man who was wildly successful in business and in life,
to have committed suicide. They offer mountains of evidence that
Needleman loved his family and that they loved him. This evidence
makes the case much sadder, but not closer.
The judgment of the district court is AFFIRMED.

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