Columbia Casualty Co. v. Grigsby

376 S.W.2d 51, 1964 Tex. App. LEXIS 1971
CourtCourt of Appeals of Texas
DecidedFebruary 19, 1964
DocketNo. 11136
StatusPublished
Cited by1 cases

This text of 376 S.W.2d 51 (Columbia Casualty Co. v. Grigsby) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Columbia Casualty Co. v. Grigsby, 376 S.W.2d 51, 1964 Tex. App. LEXIS 1971 (Tex. Ct. App. 1964).

Opinion

ARCHER, Chief Justice.

This is a Workmen’s Compensation case, tried to a jury. After a jury verdict based upon special issue findings, both parties moved for judgment, and the plaintiff’s motion for judgment on the verdict was granted, the judgment awarding appellees total and permanent Workmen’s Compensation benefits. Appellant filed its motion for new trial and an amended motion; such motion was overruled and an appeal was •duly prosecuted to this Court.

The appeal is predicated on 27 points assigned as error and are to the effect there is no evidence that the injury suffered by plaintiff was due to the nature of her employment or the evidence was insufficient and no evidence, or the evidence was insufficient to sustain a finding that the hazard of dermatitis actually existed in plaintiff’s employment and no evidence or that the evidence was insufficient that the hazard of dermatitis is peculiar to the •occupation or employment in which plaintiff was engaged; that the court erred in ■sustaining plaintiff’s objection to the testimony of witness Darsey pertaining to whether or not the hazard of dermatiti" is peculiar to the occupation in which plaintiff was engaged; that the court erred in failing to include defendant’s requested issues Nos. 1 through 4 inquiring if a former injury in anywise contributed to the incapacity of plaintiff to work, and if any such injuries have contributed to the incapacity of plaintiff to work, if any, and if any ear trouble, eye or sinus trouble aggravated or in anywise contributed to the incapacity to work, if any, of plaintiff, and if so the percentage that such condition contributed to the incapacity to work, if any, of plaintiff; that the court erred in Tendering judgment for total and permanent incapacity because the answers to issues Nos. 15, 16, 17 and 17a restricted recovery to 178 weeks; that the court erred in overruling defendant’s objection to issue No. 2 because such issue is multifarious and does not confine the jury to a finding of dust or fumes within the scope of plaintiff’s employment, and there is no evidence as to dust as a causative factor and there is no pleading to support the submission of the causative theory; that the court erred in overruling defendant’s motion for judgment non obstante veredicto because admissions by plaintiff in the pleadings revealed that the dermatitis was caused by contact with nylon cloth, the same being a non-compensable condition, and there was no evidence or insufficient evidence to show that the dermatitis suffered by plaintiff was sustained by her in the course and scope of her employment, and there was no evidence, or the evidence was insufficient that the injury suffered by plaintiff was due to oil, dust, gases or vapors.

We believe that the evidence in the record that the injury suffered by plaintiff was due to the nature of her employment and that the hazard of dermatitis actually existed in plaintiff’s employment, and the jury’s finding is supported by the record.

There is evidence that the hazard of dermatitis is characteristic and peculiar to the occupation process or employment in which plaintiff was engaged at the time she contracted the condition of dermatitis.

We believe that the charge submitted by the court presented the issues correctly and the answers of the jury to such was supported by the evidence.

The issues submitted and the answers of the jury found the plaintiff suffered from dermatitis since October 24, 1958, and that such was caused by dust and fumes and caused by her contact with nylon material or the dyes therein and that the dermatitis suffered by plaintiff was a producing cause of any total incapacity to work, that such incapacity began on November 4, 1958, and was permanent and that the dermatitis was due to the nature of her employment and that the hazard of dermatitis actually existed in plaintiff’s employment for Alexander Manufacturing Company and that such hazard is char[53]*53acteristic and peculiar to the occupation, process or employment in which plaintiff was engaged.

The jury found that the dermatitis has existed in an acute stage after October 24, 1958, and that such commenced November 4, 1958, and that such will continue 178 weeks.

Based on the verdict the trial court entered judgment for plaintiff and against defendant in part as follows:

“It is accordingly ORDERED, ADJUDGED AND DECREED that Plaintiffs do recover of and from the Defendant 180 weeks of compensation accrued to this date in the sum of $4,341.60, together with interest thereon in the further sum of $260.50, all in the sum of $4,602.10 and that Plaintiffs further recover of and from Defendant the further sum of 221 weeks of compensation accruing in the future in the amount of $4,908.09, making the total amount of this judgment in favor of Plaintiffs against Defendant the sum of $9,510.19 for which said amount let execution issue. It is further ordered that all costs incurred herein be adjudged against the Defendant and that this judgment bear interest at the rate of four per cent per annum until paid.”

The plaintiff testified in detail as to her duties and employment and that she did not experience any breaking out of a rash on her body during the time she handled nothing but cotton material. The witness then testified:

“Q Mrs. Grigsby, will you describe for us the conditions in the plant itself and particularly with reference to mist or dust, that you might have encountered during any and all of this period of employment with the Alexander Manufacturing Company ?
“A When you would go into the building, this nylon material would give off fumes, it would burn your eyes, nose and throat, and after you were in there a while, you didn’t seem to notice it so bad. It had been that way the whole period I worked. Before I broke out, seemed like it had got stronger, and for a week before I broke out on a Friday, it had become so strong, I had to get some gauze to tie over my nose to keep it from burning, so I could sew. My eyes would water and I felt just terrible.
“Q I’ll ask you to tell us whether or not your employer furnished gauze for the employees to apply to their faces, to tie over their face and nose?
“A No, sir, he did not. I bought it on my own.
“Q Did your employer or some foreman working for your employer know of this condition?
“A Yes, sir.
******
“Q Now, I believe you have just testified that you broke out?
“A Yes, sir.
“Q Tell the jury, in brief, if you will, when you first noticed this breaking out and describe it for us generally, please, what happened ?
“A It was on, I believe around the 24th .day of October, I started to stinging and itching, after I had that burning in my nose and my eyes were watering. I went and looked in the mirror and I was broke out all over my face and neck and after looking more closely, it was all over my whole body. That was on Friday and I didn’t feel like returning to work on Monday. I went back on Tuesday and continued to work on the rest of that week. I started swelling, my lips, my eyes and the glands in my neck, and it was affecting my breathing. So, the following Monday I went back to [54]*54the factory and told them that I had to have something done, and I went to the doctor.

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Bluebook (online)
376 S.W.2d 51, 1964 Tex. App. LEXIS 1971, Counsel Stack Legal Research, https://law.counselstack.com/opinion/columbia-casualty-co-v-grigsby-texapp-1964.