Morris v. Reve, Inc.

662 So. 2d 525, 1995 WL 609363
CourtLouisiana Court of Appeal
DecidedOctober 18, 1995
Docket95-CA-310
StatusPublished
Cited by12 cases

This text of 662 So. 2d 525 (Morris v. Reve, Inc.) 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
Morris v. Reve, Inc., 662 So. 2d 525, 1995 WL 609363 (La. Ct. App. 1995).

Opinion

662 So.2d 525 (1995)

Maudrey Johnson MORRIS
v.
REVE, INC.

No. 95-CA-310.

Court of Appeal of Louisiana, Fifth Circuit.

October 18, 1995.
Rehearing Denied November 17, 1995.

*526 Frank M. Buck, Jr., Robert L. Manard, New Orleans, for Plaintiff/Appellant, Maudrey Johnson Morris.

William C. Shockey, Douglas J. Cochran, Shockey & Ziober, Baton Rouge, for Defendants/Appellees, Reve, Inc. and The Louisiana Home Builders Association Self Insurers Fund.

Before BOWES, GRISBAUM and WICKER, JJ.

BOWES, Judge.

Plaintiff, Maudrey Johnson Morris, appeals a judgment of the Office of Worker's Compensation denying her claim for death benefits arising out of the death of her son, Wendell Morris. For the following reasons we reverse.

FACTS

Wendell Morris was employed by Robert Joseph, a subcontractor of Reve Incorporated, as a cement finisher. On June 16, 1992, Mr. Morris, age 34, collapsed at around one o'clock p.m. while on the job. His coworkers attempted to resuscitate him and an ambulance was called, but Mr. Morris expired from what was later diagnosed as a heart attack.

Mrs. Maudrey Morris filed for compensation benefits, averring that she was financially dependent upon her son. Trial was held; the record was held open for additional fact deposition testimony and medical expert testimony. Following the reception of all the evidence, the judge denied benefits finding that the claimant failed to carry the burden of proving that the heat-related stress suffered by the decedent was the predominant and major cause of his death.

EVIDENCE AND TESTIMONY

A climatology report from the Louisiana State University Office of State Climatology submitted by the claimant evidenced that the temperature that day was 91 degrees, with a heat index of 104 degrees at the time that Mr. Morris collapsed.

Craig Williams, a friend and co-worker of Mr. Morris, testified that he was working with the decedent when he had the heart attack. They were doing cement finishing with a crew totalling six employees, all of whom were doing the same kind of work that day. The two discussed what to do if somebody "passed out." It was extremely hot and humid, and since the cement reflects the sunshine and heat making the temperature even hotter and more unbearable, Mr. Williams, himself, became dizzy several times. At around noon, Mr. Morris also complained of being dizzy and both of them took a break. Mr. Williams returned to the job, but Mr. Morris, who had been stooping down and leaning over was asked by Mr. Joseph if he was all right, but claimant did not reply; he merely waived his hand and walked away. Shortly thereafter, Mr. Morris collapsed.

According to Mr. Williams, usually in cement finishing, work is done early in the morning during the months between May and August stopping working; by 11 or 12 o'clock noon—stating "that's when it gets *527 real dangerous and heat exhaustion ... that's a bad time of the day."

Q. When it starts around April and May, do you all follow a different work standards, in terms of avoiding working in noon, 1 o'clock because of the heat?
A. We try to start as early in the morning as possible. If you can't get the cement at [by] a certain time, you just try not to pour it at all.
Q. Was there something that was going on that particular day that you all still had to work through the noon hour?
A. Yeah. When we got out on the job, something was wrong with the—I think it was a certain ditch they didn't put in the slab. It was wrong or something. So therefore, when we got there that morning, we had to correct this problem. That is what cause [sic] us to be out there so late, pouring the cement out.
[Emphasis supplied].

Mr. Gregory Joseph also testified that he was working alongside Mr. Morris on the day he died. They were all performing the same job and doing the same work. He agreed that the workers all try to be finished their work early in the day, and the average cement worker does not want to be out there around one o'clock in the afternoon. Mr. Joseph agreed that that time of day is more physically demanding, and "real hot ... rough." Heat exhaustion is the main thing the workers worry about.

Robert Joseph, the self-employed subcontractor for whom decedent worked, testified by deposition. According to him, on the day of the incident Mr. Morris' job was much the same as the other employees working that day.

Dr. Terry Rehn, a cardiologist, testified on behalf of the defendant, rendering his opinion based entirely on the autopsy report. He did not know, nor did he ever treat, Mr. Morris. He verified that the coroner's report stated the decedent suffered from acute coronary insufficiency due to atherosclerotic cardiovascular disease; also, there was a 98% stenosis (blockage) of the left anterior descending coronary artery by atherosclerotic plaque. This is a slow progressive disease. Hyperthermia (the condition in which the body becomes overheated) could not cause the plaque to form during a short period of time. It was his opinion that the pre-existing condition of stenosis was the predominant cause of death. With this blockage, sudden death is not uncommon. Dr. Rehn did not think that doing normal cement-finishing work would have caused Mr. Morris to die if he had not had the blockage. The prognosis for a patient with this amount of blockage is that ultimately most will have a heart attack. "Whether they will die or not just depends upon luck, when it closes off."

The doctor did not know whether the artery was totally blocked at the time Mr. Morris died; people who have blockages can have heart attacks because the vessel totally blocks, or because of an inadequate blood flow which leads to ventricular tachycardia fibrillation (electrical instability in which the heart stops beating in a rhythmic fashion). Dr. Rehn did not know whether the decedent dropped over dead or whether he suffered fibrillation. There are a number of people that have blockages like this that experience sudden death that actually don't have any heart damage. Hyperthermia, which causes blood pressure to drop, could cause that fibrillation effect. Exercise would be a cause for concern for a person with stenosis because of the likelihood of developing the electrical instability. Concerning the element of exercise, Dr. Rehn would be more worried about the rhythm going bad than about the arterial plaque causing a heart attack. The intense heat "absolutely" placed an increased strain on the claimant's heart.

Dr. Rehn felt that statistically speaking, decedent's case fit more within the realm of an arrhythmia. An arrhythmia would not be evident on an autopsy. The heat index clearly contributed to his death but, although Dr. Rehn had a difficult time saying that the stressful conditions were the predominant cause, he did testify that he did not think Mr. Morris would have died at that point in time on that day but for the excessive heat and the stressful conditions under which he was working.

*528 The autopsy report by Dr. Susan Garcia gave "Diagnoses" as coronary insufficiency due to cardiovascular disease and stenosis, with the stenosis of the left anterior descending coronary artery given as a "significant" finding. The death certificate signed by the coroner showed the cause of death as "Myocardial Infarction Atherosclerotic Coronary Artery Disease."

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Cite This Page — Counsel Stack

Bluebook (online)
662 So. 2d 525, 1995 WL 609363, Counsel Stack Legal Research, https://law.counselstack.com/opinion/morris-v-reve-inc-lactapp-1995.