ARKANSAS LOUISIANA GAS COMPANY v. Evans

1964 OK 249, 397 P.2d 505, 1964 Okla. LEXIS 471
CourtSupreme Court of Oklahoma
DecidedNovember 24, 1964
Docket40937
StatusPublished
Cited by6 cases

This text of 1964 OK 249 (ARKANSAS LOUISIANA GAS COMPANY v. Evans) is published on Counsel Stack Legal Research, covering Supreme Court of Oklahoma primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
ARKANSAS LOUISIANA GAS COMPANY v. Evans, 1964 OK 249, 397 P.2d 505, 1964 Okla. LEXIS 471 (Okla. 1964).

Opinions

HALLEY, Vice Chief Justice.

On March 22, 1963, Ida E. Evans, claimant herein, filed a claim for death benefits under the Workmen’s Compensation Law against Arkansas Louisiana Gas Company, petitioner, and its-insurance carrier, United States Fidelity and Guaranty Company, alleging that on the 25th day of December, 1962, John Ed Evans, while in the employ of petitioner sustained an accidental' injury consisting of an injury to his heart resulting in his death; that the heart attack was brought about by unusual exertion and strain; that she, as surviving widow, was deceased’s sole and only dependent.

The evidence disclosed that deceased was employed by petitioner at its Mineo compressor station as an operator. His duties were to check the natural gas fed engines, keep them clean, lubricate them, and do whatever was necessary to keep them operating properly. Each engine had a “lubricator” on it which contained a certain amount of oil. The lubricating oil was stored in a building north of the auxiliary building' where the engines were; it was stored in fifty-four or fifty-five gallon barrels or what is commonly called “drums.” As the oil was needed, a drum would be moved from its storage place to the auxiliary building where a pump would be put in the drum. The oil' would then be pumped from the drum into smaller containers ranging from five quarts to five gallons and poured from these containers into the lubricators on the engines. Deceased’s hours were from 4 P.M. to 12 P.M.

Claimant testified that on the day employee died he left for work at 4 o’clock, that about 10:45 P.M. he was brought home by two fellow employees; that when deceased came in the house he told her to call the doctor, and told her he was hurting in his chest and arms; that she called the doctor but before he arrived employee had expired. In response to questions from the trial judge claimant further testified that deceased was pale, that he said he was sick, that he appeared to be suffering from the expression on his face. At the time claimant was testifying, she was not questioned as to dependency. At a later date it was stipulated by the parties if claimant were recalled she would testify that the deceased was her sole and only means of support and that she was ■wholly dependent upon his support.

Virginia Evans Strickler testified by deposition for claimant. Witness testified that she was the daughter of deceased, married and forty years of age; that on the day deceased 'died she was spending the day with her parents; that she remembered when her father went to work, and that he appeared at that time to be feeling fine; that she next saw him that night between 10:30 and 11:00 o’clock, that he was lying on a couch in the den and “he was in severe pain.” Witness was asked by claimant’s attorney if at that time she talked to deceased and to relate the conversation, if any there had been. Witness testified, [508]*508“Well, I asked him what had happened and what was wrong, and he said well, he had a severe pain in his chest and in his arms and that it began about 8:00 o’clock. He said he had lifted a drum of oil, or something, and at this time he had this severe pain in his chest and that it went into his arms or in his left arm, then he said he began feeling ill and although he felt ill he said he kept on working and then around 9:00 or 10:00 o’clock he decided he couldn’t work any longer and he was still feeling much, much pain.”

It is the admission of the above conversation into evidence of which petitioners complain.

Mrs. Strickler further testified that at the time of the conversation deceased was very pale, looked unnatural, was complaining of pain and discomfort and immediately died.

Joe Goldsmith, a fellow employee, testified by deposition for claimant. He stated that he saw deceased for the first time on the fatal day at 4:00 o’clock P.M. when deceased reported for duty. He testified as to what deceased’s duties would normally be, that is, check, clean, lubricate engines, “whatever needs to be done at the ■motors, the engines”, that as far as he knew it was deceased’s duty to bring in a new supply of oil from storage when needed; that he had seen deceased at different times bring the supply to the auxiliary room; that the drums are heavy; that while he did not see deceased lift a drum of oil on the day of deceased’s death, he had on occasions seen him lift drums and at different times helped deceased lift them. Witness testified that it was a cold, windy day between 20 and 24 degrees, and that deceased went outside some in doing his duties. Witness testified that about 6:00 o’clock P.M. deceased ate his “lunch” there at the plant and at that time complained that he ate a little too much and had a little indigestion; that at about 8:00 o’clock P.M. deceased, after making his rounds wasn’t feeling well, and around 9:00 o’clock P.M. deceased came into the office where witness was and said his arm and across his chest was hurting every time he got out in the wind and that deceased looked a “little peaked”; that he tried to get deceased to go home but that deceased refused, saying he was all right, that he could finish his tower; that deceased came back to the office a little before 10:00' o’clock P.M. and said he had to go “pour”' his oil and that he was feeling quite a bit worse. Witness further testified that at that time he could tell deceased was in pain, that he looked worse, that he put his. head on the desk and said he had never had a pain like that before, but that deceased went on out to “pour” his oil; that shortly thereafter he saw deceased sitting in the auxiliary building; that he looked paler and was hurting; that he and another employee took deceased home; that twice he had to stop the car for deceased to vomit; that after he got deceased home he never saw him alive again.

Dr. S testified for claimant by deposition. Claimant propounded the following hypothetical question to Dr. S :

“Doctor, assuming that a man, a white male, approximately sixty-three years of age, in reasonably good health, that on the afternoon of December 25th, 1962, that he left for work somewhere around the hour of 3:00 o’clock p. m., and that to those who saw him when he left home to go to work, stated that he appeared to be feeling fine and with no complaints, and that about 8:00 o’clock or thereabouts of that same evening, that is 8:00 o’clock p. m., that he lifted a barrel or a drum of oil, or fluid, and that he had pain in the center of his chest and running into his arms, and particularly into his left arm, that he became ill and that about 10:00 o’clock p. m., which was approximately two hours before his shift would have ended, that his fellow employees took him home, driving some few miles, taking some few minutes to get him from the plant to his home, and that upon arriving at home he ap[509]*509peared to be ill; that he was pale and that his normal complexion was one of ruddiness, and that he immediately laid down on the divan and stated that he was hurting and sick, and that within fifteen or twenty minutes he died. First, doctor, based upon your training and experience, and within the realm of reasonable medical certainty, are you able to form a reasonable medical opinion as to what most likely and probably caused his death ?”

Dr. S testified in answer:

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ARKANSAS LOUISIANA GAS COMPANY v. Evans
1964 OK 249 (Supreme Court of Oklahoma, 1964)

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Bluebook (online)
1964 OK 249, 397 P.2d 505, 1964 Okla. LEXIS 471, Counsel Stack Legal Research, https://law.counselstack.com/opinion/arkansas-louisiana-gas-company-v-evans-okla-1964.