Hodges v. Valley Forge Life Insurance Co.

486 S.W.2d 544, 1971 Tenn. App. LEXIS 244
CourtCourt of Appeals of Tennessee
DecidedApril 29, 1971
StatusPublished
Cited by1 cases

This text of 486 S.W.2d 544 (Hodges v. Valley Forge Life Insurance Co.) is published on Counsel Stack Legal Research, covering Court of Appeals of Tennessee primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Hodges v. Valley Forge Life Insurance Co., 486 S.W.2d 544, 1971 Tenn. App. LEXIS 244 (Tenn. Ct. App. 1971).

Opinion

OPINION

COOPER, Presiding Judge.

Mary Nell Hodges, Executrix of the estate of W. E. Parrott, deceased, brought suit against the Valley Forge Life Insurance Company to recover hospital confinement benefits provided in a policy of insurance issued her decedent by the National Health and Life Insurance Company. (Valley Forge is the successor in interest of National Health and has expressly assumed all obligations of the insurer under the policy issued Mr. Parrott).

The policy provides for payment of hospital confinement benefits at the rate of $1,000.00 per month “in the event of hospital residence occurring solely as the consequence of direct bodily injury resulting [545]*545from any accident and independently of all other causes. . .”

The plaintiff averred that the insured, Mr. Parrott, “fell on May 5, 1967, and as a result of said accidental fall he was confined to various hospitals from May 5, 1967, until November 4, 1967, that the said hospital confinement and subsequent death was caused and precipitated by the said accidental fall on May 5, 1967.”

The defendant took the position in its special pleas that Mr. Parrott’s hospitalization did not occur “solely as a consequence of direct bodily injury resulting from any accident and independently of all other causes as required by the policy, but resulted from other causes unrelated to accident.

The trial judge, on trying the cause without the intervention of a jury, found Mr. Parrott “wasn’t hospitalized as a result of the other troubles he had had in the past. He wouldn’t have gone to the hospital had he not fallen, and, therefore, . he is entitled to recover.” Accordingly, a judgment was entered in favor of the plaintiff for $6,000.00.

The defendant has appealed, insisting primarily that the evidence preponderates against the judgment.

The evidence presented on the trial was essentially by deposition. The only witness testifying in open court was Mary Nell Hodges, who is serving as executrix of her father’s estate.

Mrs. Hodges testified that prior to May 1, 1967, her father “had been sick on different occasions, but he was up and around in the house and went out riding and everything. . .” and that he had no real bad health problems. On May 1, 1967, she found her father on the floor of the bathroom of her home and was told by him that he had “tripped on his pajamas as he went around the bathroom door” and had fallen and “hit his head on something and he hit his hips;” that after the fall her father “could move his arms and everything, but he couldn’t walk.”

According to Mrs. Hodges, Dr. Robert A. Broady examined her father on May 5, 1967, and admitted him to the Sevier County Hospital on that date. Subsequently, her father was in St. Mary’s Hospital in Knoxville, the Sevier County Hospital, the East Tennessee Baptist Hospital, the Tecoma Hospital in Greeneville, and finally in the Milligan Clinic in Jefferson City, where he died on November 4, 1967, at the age of 79. The cause of death was given as pneumonia.

Dr. Broady testified he was called to the Parrott home on May 5, 1967, and found Mr. Parrott “in bed having quite a bit of pain and some trouble breathing and quite a bit of weakness and soreness;” that he observed no paralysis and that Mr. Parrott was able to speak.

Mr. Parrott was admitted to the Sevier County Hospital, where X-rays were taken and a general examination made by Dr. Broady.

Dr. Broady stated that no dislocations or fractures were found on examination; that he did find “some reddened places but no black and blue places; ” that his “diagnosis at that time was shock from a fall, and I believe it was a day or two later in the hospital that we found out that he had a paralysis.” Dr. Broady was asked:

“Q. At that point did you have an idea or did you have sufficient information to form a belief as to what may have caused this paralysis?

“A. Well, No. Now there are many things that might have caused the paralysis. He had had some high blood pressure over some years, and he’d had some pain around his heart at times. I was just seeing if there was anything here indicative an anything like this. Let’s see, the 5th of May it shows he has some decreased blood supply to the back part of his heart.”

* * * * * *

[546]*546“A. . . . It’s possible that he (Mr. Parrott) could have had that (intracranial accident) and fallen on account of that, and if he did, then the shock could have made him worse. I mean it could have contributed to his general condition, although it didn’t cause the general condition. But to say whether he had an accident before he fell or not, I just don’t know. . . ”

When asked if the accident Mr. Parrott had could be a “contributing or a precipitating factor in his death,” Dr. Broady answered :

“A. It could have been, yes. I mean it —If he had the stroke first, it might have weakened him a great deal and made his general condition so weak that it contributed. Or if he fell first, the shock of that might have been a — lowered his pressure at the time so that he got some clots which might have caused the accident, Theoretically you could see how it could have done, but to say that it was that way, I can’t say.”

In a report written to counsel on March 12, 1968, Dr. Broady stated:

“In this case, I have no doubt that the fall increased considerable his (Mr. Par-rott’s) trouble mentally as well as general physical shock. It is my opinion that he fell on his buttocks and that said fall was contributory in some measure to his condition, requiring his hospitalization on May 5, 1967.”

The evidence shows Mr. Parrott was transferred from the Sevier County Hospital to St. Mary’s Memorial Hospital in Knoxville on May 19, 1967, for examination and treatment by specialists in internal medicine. Dr. James E. Turner, the internist who examined and treated Mr. Par-rott during his stay in St. Mary’s, testified he found no evidence of any recent trauma from a neurological standpoint and that his conclusions at the end of the examination were:

“A. . . . that the patient had arte-riosclerotic cerebral vascular disease with severity, valvular heart disease with damage to the mitral valve, cardiac enlargement and a mild degree of heart failure with congestion of the lungs due to this . . . and . • . . [A]n acute urinary tract infection, both with infection in the bladder and in the epididymis, and we felt that these two things were the cause of his pain on admission to the hospital.

Dr. Turner also testified he found no evidence of paralysis or any other sign indicating that Mr. Parrott had had a vascular accident prior to, or during, his confinement in St. Mary’s Hospital; that Mr. Parrott “had signs of Parkinsonism with what we call — it’s cog wheeling on passive movements of the extremities, extremities moved in a jerky fashion, which is characteristic of Parkinson’s disease. Also he (Mr. Parrott) had general rigidity of his upper extremities, which was felt was due to the same condition, but I (Dr. Turner) did not find any paralysis.”

According to Dr. Turner, Mr. Parrott’s physical condition was such as would presuppose him to have a later vascular accident. “He (Mr. Parrott) certainly had signs of generalized arteriosclerosis, and I think this would make it much more likely that he could have a stroke later.

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Related

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501 S.E.2d 417 (Supreme Court of Virginia, 1998)

Cite This Page — Counsel Stack

Bluebook (online)
486 S.W.2d 544, 1971 Tenn. App. LEXIS 244, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hodges-v-valley-forge-life-insurance-co-tennctapp-1971.