Frame v. Majors

224 So. 2d 65, 1969 La. App. LEXIS 5129
CourtLouisiana Court of Appeal
DecidedMay 22, 1969
DocketNo. 2686
StatusPublished
Cited by8 cases

This text of 224 So. 2d 65 (Frame v. Majors) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Frame v. Majors, 224 So. 2d 65, 1969 La. App. LEXIS 5129 (La. Ct. App. 1969).

Opinions

HOOD, Judge.

This is a workmen’s compensation suit instituted by Mrs. Laura T. Frame, individually and on behalf of her minor children, against Billy Majors and his liability insurer, The Travelers Insurance Company. Plaintiff alleges that her husband, Earl Edward Frame, Sr., died as a result of an accident which occurred while he was working for defendant Majors. Judgment on the merits was rendered by the trial court in favor of defendants, and plaintiff has appealed.

The principal issue presented is whether the evidence shows a causal connection between the accident and the death of the employee.

The decedent, Earl Edward Frame, was working as a truck driver for defendant Majors on September 12, 1966. On that date he was dispatched by his employer to haul a load of gravel from Erwinville to St. Martinville, Louisiana. He made the delivery, and shortly before he began the return trip that afternoon he was stung on [67]*67the right forearm by a bee. About - an hour later, while driving his employer’s truck back to Erwinville, he became ill. His symptoms at that time consisted of weakness, nausea, vomiting and some paralysis on the left side of his body. He was unable to continue driving and it became necessary for another employee to drive his truck the remaining distance to Erwin-ville.

The following day, September 13, 1966, he consulted Dr. J. W. Plauche, a general practitioner, who examined him and immediately referred him to Charity Hospital, in New Orleans.

The decedent was admitted to the Charity Hospital the next day, September 14, 1966, where he was examined and treated. By September 18, he had recovered the function of his left leg and sensation in his left arm, but his left hand was still paralyzed. He was permitted to leave the hospital to return to his home for the weekend of September 17 and 18, but he re-entered the hospital on the last mentioned date. On September 19, an angiogram was performed which showed that he had a partial obstruction of the right carotid artery. This obstruction was caused by arteriosclerosis which existed before the accident occurred, and which had progressed to the extent that prior to the accident the decedent had an 80 percent stenosis, or closure, of the right carotid artery. The medical experts who testified agree that the accident did not cause the arteriosclerosis or the 80 percent ste-nosis or closure of this artery.

Pursuant to recommendations made by the physicians who were treating the decedent at Charity Hospital, surgery was performed at that institution on September 27, 1966, to relieve the stenosis or partial closure of the carotid artery. The surgical procedure was described as “a right internal carotid endarterectomy with saphenous vein patch graft.” About eight hours after this surgery was performed, the decedent developed a thrombosis. Surgery was performed a second time to relieve the thrombosis, and later a tracheostomy was done. The patient died on September 30, 1966, as a result of the thrombosis which occurred following the first surgery.

Dr. Plauche, who examined the decedent initially, diagnosed his condition on the day after the accident as a “cerebral vascular accident causing left hemiplegia.” He later examined the reports of the Charity Hospital, and from the information contained in those reports and that which he obtained through his own examination, he concluded that there was no causal relationship between the bee sting and the decedent’s subsequent paralysis or his death. He testified that the hemiplegia, or paralysis, was caused by an occlusion of one of the large arteries of the neck, and that the decedent’s death was caused by another occlusion or thrombosis following surgery. He is of the firm opinion that a bee sting cannot cause an occlusion or thrombosis, and thus that there is no causal relationship between the bee sting and the hemiplegia or death of Mr. Frame.

In response to questions as to whether there was a causal relationship between the bee sting and the decedent’s paralysis or death, Dr. Plauche stated “I can’t frankly say it had anything to do with it. I just don’t believe it did.” He testified, “I think the man would have had a complete occlusion of the carotid artery no matter what would have happened — no matter where he had been, what he had been doing or what conditions occurred,” and that in his opinion it is “not even possible” that the bee sting was causally related to the occlusion which caused the decedent’s first episode of paralysis or his death.

The only other medical expert who testified at the trial was Dr. Henry B. Harvey, Jr., who specializes in internal medicine. Dr. Harvey did not see the decedent, but he did examine the reports of the New Orleans Charity Hospital relating to the treatment which was administered to him. Plaintiff relies substantially on the following portions of Dr. Harvey’s testimony to support her claim that there was a causal [68]*68connection between the accident and the decedent’s death:

“On the basis of what I can ascertain from this case, I feel that something occurred which caused this patient to have further impairment of an already impaired circulation in the right carotid artery. With the patient presumed in the same state of health that he always was up until the time at which he began driving his truck that afternoon, it is my medical opinion that this patient had a reaction to the insect bite, presumed bee; that this in turn caused systemic symptoms which have been described as nausea and vomiting, and that this caused the patient to have a vascular reaction, most probably hypotension, and impaired circulation to the degree that the patient had the left hemiplegia.”
“It is my opinion in reviewing the case that probably what happened is that a situation arose, and in this case it was the bee sting, which caused the patient to become ill, which in turn aggravated an already existing condition.”
“It was my opinion that because of the chain of events that occurred, that this patient was stung by a bee, that the bee had a systemic reaction secondary to the sting such that the vascular supply through an already compromised vessel was insufficient and produced the symptoms.”

Although Dr.

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Frame v. Majors
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Bluebook (online)
224 So. 2d 65, 1969 La. App. LEXIS 5129, Counsel Stack Legal Research, https://law.counselstack.com/opinion/frame-v-majors-lactapp-1969.