Davis v. United Transports, Inc.

1965 OK 17, 403 P.2d 474, 1965 Okla. LEXIS 271
CourtSupreme Court of Oklahoma
DecidedJanuary 26, 1965
DocketNo. 40401
StatusPublished
Cited by2 cases

This text of 1965 OK 17 (Davis v. United Transports, Inc.) 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
Davis v. United Transports, Inc., 1965 OK 17, 403 P.2d 474, 1965 Okla. LEXIS 271 (Okla. 1965).

Opinion

BERRY, Justice.

Bertie Ann Davis, hereinafter referred to as claimant, filed a claim before the State Industrial Court on behalf of herself and her four minor children to obtain an award under the death benefit provisions of the Workmen’s Compensation Act. An order denying an award was entered and this proceeding is brought by claimant against United Transports, Inc., to review the order.

The record discloses that claimant is the widow of Walter D. Davis, hereinafter called deceased.

The agreed facts were that on March 14, 1961, deceased received an accidental personal injury to his head when he struck it on a piece of angle iron while walking through a trailer. On May 16, 1961, while on the job, deceased was stricken and pronounced dead on arrival at a hospital. The cause of death was a ruptured aneurysm of the brain.

The only issue was whether the employee’s death on May 16, 1961, was a result of the injury on March 14, 1961.

Loren Honeycutt testified on behalf of claimant. He testified that he was a co-employee of deceased; that deceased was the Manager of the Tulsa Terminal of United Transports, Inc.; that United Transports hauls new automobiles to various points in Oklahoma and the Texas Panhandle; that it was deceased’s duty to supervise the loading and unloading of cars at United Transports’ terminal in Tulsa; that he was in charge of three mechanics in the shop; that he purchased all the parts for the shop; that deceased was responsible for the entire operation; that approximately a month before deceased’s death, deceased complained to him about having “dizzy” spells two different times.

Elvie Wells testified on behalf of claimant. His testimony was that he was employed by United Transports; that deceased, in addition to being manager, shop foreman, loading supervisor and parts man, also checked the truck logs to see if the drivers were driving correctly and that this work [476]*476was done at night; that deceased did repair work to the buildings such as putting in an electrical or gas conduit in the shop; that approximately one month before deceased died, he observed deceased when he said he was “dizzy”; that he saw the deceased just a few minutes before he died and that he didn’t notice anything wrong with him.

Francis Bresnehan, testifying for claimant, stated that on March 14, 1961, he was working with deceased when deceased “bumped” his head on a “crossbar on the truck”; that it made a “cut” approximately one and one-half inches on deceased’s head; that he took deceased to a clinic where the gash was stitched up; that the blow “dazed” deceased; that he was “unstable on his feet”; and was a “little slow in his conversation”, that later, on two different occasions, deceased complained of “having dizzy spells”; that he was with deceased at approximately 1:00 o’clock p. m. on May 16, 1961, when he died; that he did not notice anything unusual about deceased at that time; that in fact deceased seemed to be in “good spirits”; that he and deceased went into a parts room to get some nails; that deceased had kneeled down to sort some nails; that deceased said “Oh” “or made some noise to that effect” and put his hand to his head; that deceased did not fall forward; that witness tried to get him out of that kneeling position; that deceased was rigid and that witness called another workman to help him lay deceased down; that he had heard deceased complain about being “dizzy” on two occasions; that approximately three weeks before deceased died deceased was pale and didn’t act “like he felt as good as normal.”

Bill Helen testified on behalf of claimant. He said he had known deceased for ten years before his death; that deceased was in witness’s home on Sunday before he died on Tuesday; that deceased “just wasn’t as normal and alert as he normally was; he had a tired, drawn appearance.”

Claimant testified that on the day deceased cut his head he complained of a headache; and approximately three weeks after the accident he started complaining of headaches and that this continued until he died; that she authorized an autopsy on deceased. On cross-examination, claimant stated that deceased never lost any time from work because of the cut on his head and at the time of his death the scar was not noticeable; that deceased never made a claim for compensation because of the injury and that deceased never did relate his headaches to the blow on his head; that deceased did not go to a doctor from the time he bumped his head until he died.

Dr. L. testified on behalf of claimant. He testified that he was a physician and pathologist and that he had read the autopsy report and also that he had examined certain slides which were taken from the organs of deceased at the time of the autopsy; that he had seen the death certificate which showed that deceased had died from a ruptured aneurysm which was congenital; that he was in agreement with the autopsy findings that the cause of death was “as a consequence of a rupture of a congenital intracranial aneurysm”; that “as a rule a physical trauma is not believed to play any role directly, by concussion or otherwise, upon the rupture of this type of injury” but that “stress and strain, if associated with increased blood pressure, could be a contributory to the rupture of an aneurysm”; that in his opinion “an increase in arterial pressure is quite apt to cause a fatal hemorrhage, as in this case.” On cross-examination Dr. L. testified that aneurysms can rupture with normal blood pressure; that he did not have any history that deceased had any abnormal blood pressure prior to his death, “on the contrary, I have stated that nothing has been known about the blood pressure.”

The only evidence in the record pertaining to deceased’s blood pressure was a written report of Dr. O. that on March 4, 1960, deceased’s blood pressure was 130/70.

Dr. K. D. testified for claimant. He testified he was a neurologist; that he had read the autopsy report; that he had never [477]*477seen the deceased but was testifying from the report; “that the trauma directly did not rupture the aneurysm”; that “You cannot tell from the autopsy protocol what killed the man”; that “I do not feel it is clear at this time what caused this man’s death”; that “You cannot say definitely that it is this, or it is this, or it is this.”

“Q. * * * Ah, Ah, could the fact that he had pressure, stress and strain from the job, and they were kinda all connected together, could that explain why he had this sudden and violent rupture that caused him almost sudden death ?
“A. I testified that I did not feel that this caused his death.
* * * * ⅛ *
“Q. Well, if you had trauma; this man had trauma, had an injury on March 14. In other words, could the combination of the two ?
“A. I don’t think they would. * * ”

On cross-examination, Dr. K. D. testified :

“Q. * * * Did this blow that he received on March 14 cause or precipitate his death on May 16, 1961, according to your opinion?
“A. I have stated I thought it was a factor, yes, sir.
⅜ ⅜ ⅜ ‡ ⅜ ⅜
“Q. What kind of a- factor ?
“A. I stated that it produced a clinical situation characterized by ill health and complaints. This was after the blow.

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Related

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1968 OK 67 (Supreme Court of Oklahoma, 1968)
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1967 OK 51 (Supreme Court of Oklahoma, 1967)

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Bluebook (online)
1965 OK 17, 403 P.2d 474, 1965 Okla. LEXIS 271, Counsel Stack Legal Research, https://law.counselstack.com/opinion/davis-v-united-transports-inc-okla-1965.