Roberson v. Michigan Mutual Liability Company

90 So. 2d 465, 1956 La. App. LEXIS 867
CourtLouisiana Court of Appeal
DecidedOctober 25, 1956
Docket8539
StatusPublished
Cited by15 cases

This text of 90 So. 2d 465 (Roberson v. Michigan Mutual Liability Company) 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
Roberson v. Michigan Mutual Liability Company, 90 So. 2d 465, 1956 La. App. LEXIS 867 (La. Ct. App. 1956).

Opinion

90 So.2d 465 (1956)

Virginia Jernigan ROBERSON, Plaintiff-Appellant,
v.
MICHIGAN MUTUAL LIABILITY COMPANY, Defendant-Appellee.

No. 8539.

Court of Appeal of Louisiana, Second Circuit.

October 25, 1956.
Rehearing Denied November 29, 1956.
Writ of Certiorari Denied January 21, 1957.

Godfrey & Edwards, Many, for appellant.

T. C. McLure, Jr., Alexandria, for appellee.

AYRES, Judge.

By this action the surviving widow and minor daughter of Leland Roberson seek to recover workmen's compensation of Roberson's employer's compensation insurer for the statutory maximum of $30 per week for a period of 300 weeks on account of the death of Roberson on November 18, 1954, allegedly from accidental injuries received November 13, 1954, while he was discharging the duties of his employment in the course of the business of the Central Louisiana Electric Company.

The defendant interposes two defenses, (1) that at the time of the onset of the conditions causing the death of the deceased, Roberson, he was not on duty or performing any services in connection with his employment, and (2) that deceased died as the result of natural causes and that neither his employment nor his activities *466 therein produced his death or precipitated or aggravated the conditions from which he died. All other issues have been eliminated by stipulation of the parties. The principal issue is, however, one of causal connection between deceased's employment and his death.

From an adverse judgment denying her claim for compensation, plaintiff has appealed.

Roberson had been in the employ of this employer and/or its predecessors for more than 25 years. At the time of his death he was manager of its Many, Louisiana, plant, where it operated an ice plant subsidiarily to its main business of transmission and distribution of electric current.

The evidence discloses that Roberson worked during the morning hours of November 13, 1954; that during the day he and his daughter took a stroll through the nearby woods and that during the afternoon, due to an interruption of service at the ice plant by a minor breakdown, he was called there, where, in assisting an employee in an attempt to correct the difficulty and place the machinery back in operation, he picked up a large wooden door weighing 45 to 50 pounds and dragged it a distance of a few steps. Soon thereafter, he expressed himself as feeling bad and experienced some pain in his chest and shortness of breath. He then returned to his residence to rest. Later, while eating the evening meal, a fire alarm was given, whereupon Roberson started, in company with his wife and daughter in the family car, to report to the scene. They were unable to drive to the burning residence due to an obstruction in the street. Whereupon the car was stopped and they alighted therefrom. Roberson proceeded hurriedly on foot and, after walking some distance, probably 40 to 50 yards, was stricken suddenly with violent excruciating pains in his chest and left shoulder. He was unable to proceed further and was returned to his residence, and within approximately 30 minutes carried to the Fraser Sanitarium in Many, where he was immediately examined and treated by Dr. J. A. Kopfinger, who diagnosed his condition as a recent acute myocardial infarction or a coronary thrombosis, from which he died November 18, 1954.

Plaintiff's claim is predicated on the proposition that her husband's death was caused, precipitated and brought about by the strenuous physical exertion and strain and the mental stress and strain and excitement occasioned by his work at the time of and prior to his seizure with the aforesaid attack.

The first issue logically presented for determination is whether the deceased was engaged in performing services in the course and scope of his employment at the time he was seized with the aforesaid affliction. That he, as manager of the plant, was acting in the course and scope of his employment in the afternoon at the ice plant is a matter about which there could be no serious question. Whether the employee was acting in a similar manner in reporting to the fire later in the afternoon presents a more serious question. The deceased was on duty 24 hours per day, subject to call at any time, night or day. It was of vital importance to his employer, in the event of fire, that some representative of the Company protect the employer's property and interests, such as in saving the meters from destruction by fire and in cutting or severing the electrical wires in a manner to prevent the likelihood of their falling to the ground and coming in contact with persons who may be in the vicinity at the time. Roberson was so very anxious these duties be performed that even after he was stricken, he sent his wife forward to make certain of their performance.

It was contended that it was not his duty but that of the service man in the electrical department to attend to these matters. This employee at the time was E. D. Bostian, who testified that after seeing the fire *467 from his residence, he reported there, cut or severed the electrical wires and removed the meter which was attached to the house on fire. However, he denied that it was his duty or that it was so understood that he was to report to fires. On a prior occasion a transformer caught on fire at night. That matter was reported to Roberson, who, in turn, called and instructed Bostian to report to the scene of the trouble. Bostian did so and, after making an inspection, reported the results to Roberson, who then gave him instructions to delay making the repairs until the following morning. It was Roberson's responsibility as local manager for his employer to see that these duties were performed.

The onset of Roberson's condition, resulting in his death, occurred during the time of his employment at a place where the necessities of his employer's business required that he be at the time. If it can be correctly said that Roberson experienced an accident within the purview and intent of the provisions of the Workmen's Compensation Statute, such accident, therefore, occurred both within the scope of and arose out of his employment. Pertinent here is the expression found in Kern v. Southport Mill, Limited, 174 La. 432, 141 So. 19, 21, relative to the statutory requirement that, in order for an employee to be entitled to compensation for accidental injuries, he must have suffered such injuries by "`accident arising out of and in the course of such employment'":

"Now an accident occurs in the course of an employment when it takes place during the time of such employment; just as a happening occurs in the course of any given day when it takes place during that day. Hence the provision that the accident, to entitle the employee to compensation, must occur in the course of his employment, means nothing more than that it must have taken place during the hours of employment and not at any other time.
"In this case the accident occurred very certainly `during the course' of plaintiff's employment, since he was on his way back to the mill pursuant to express instructions.
"But that alone is not enough for recovery; the statute further requires that the accident must also `arise out of' the employment. By which is meant, that the accident must be the result of some risk to which the employee is subjected in the course of his employment and to which he would not have been subjected had he not been so employed.
"But time, place, and circumstance must determine this.

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Bluebook (online)
90 So. 2d 465, 1956 La. App. LEXIS 867, Counsel Stack Legal Research, https://law.counselstack.com/opinion/roberson-v-michigan-mutual-liability-company-lactapp-1956.