Brooks-Scanlon, Inc. v. Lee, BROOKS-SCANLO
| Court | United States State Supreme Court of Florida |
| Writing for the Court | ADAMS; CHAPMAN; TERRELL |
| Citation | 44 So.2d 650 |
| Parties | nc. et al. v. LEE et al. |
| Decision Date | 21 February 1950 |
| Docket Number | BROOKS-SCANLO,I |
Page 650
v.
LEE et al.
Keen, O'Kelley & Spitz and A. Frank O'Kelley, Tallahassee, for appellants.
T. T. Turnbull and William A. O'Bryan, Tallahassee, for appellees.
ADAMS, Chief Justice.
The only question here is whether appellee's deceased husband sustained an injury by 'accident' within the meaning of our Workmen's Compensation Act.
All inferior tribunals found in the affirmative although the circuit court plainly indicated that the injury preceded any possible accident, if there was any accident. In City of Tallahassee v. Roberts, 155 Fla. 815, 21 So.2d 712, and cases cited thre, we construed the statute (Sec. 440.01 et seq., Fla.Stat.1941, F.S.A.) to the effect that to authorize an award there must be an accident preceding the injury. In other words, the injury itself cannot suffice for, or constitute, the accident.
This case is ruled by our decision in Cleary Brothers Construction Company v. Nobles, 156 Fla. 408, 23 So.2d 525. This case is distinguished from the several cases cited in Protectu Awning Shutter Company v. Cline, 154 Fla. 30, 16 So.2d 342; Davis v. Artley Construction Company, 154 Fla. 481, 18 So.2d 255, by appellee for in those cases we found that there was an accident which preceded the injury
The judgment is therefore
Reversed.
THOMAS, HOBSON, and ROBERTS, JJ., and TILLMAN, A. J., concur.
CHAPMAN, J., dissents.
TERRELL, J., not participating.
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Lewter v. Abercrombie Enterprises, No. 755
...Corp., 42 Ariz. 436, 26 P.2d 1017; Cleary Brothers Const. Co. v. Nobles, 156 Fla. 408, 23 So.2d 525; Brooks-Scanlon, Inc., v. Lee, Fla., 44 So.2d 650; O'Neil v. W. R. Spencer Grocer Co., 316 Mich. 320, 25 N.W.2d [240 N.C. 405] 213; Stanton v. Minneapolis Street Ry. Co., 195 Minn. 457, 263 N......
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Zundell v. Dade County School Bd., No. 91-1848
...rule that a worker's collapse may itself be considered an unexpected result or event. See also Brooks-Scanlon, Inc. v. Lee, 44 So.2d 650 (Fla.1950) (cerebral hemorrhage while claimant lifted boards at a sawmill); Peterson v. City Comm'n, 44 So.2d 423 (Fla.1950) (claimant's left knee snapped......
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Gray v. Employers Mut. Liability Ins. Co.
...was not compensable, since 'the injury itself cannot suffice for, or constitute, the accident', citing Brooks-Scanlon, Inc., v. Lee, Fla., 44 So.2d 650, and Le Viness v. Mauer, Fla., 53 So.2d 113. The order of the Deputy Commissioner was affirmed by the Full Commission and, in turn, by the ......
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Victor Wine & Liquor, Inc. v. Beasley, No. 30872
...or fall, resulting in injury--or, as we sometimes said, 'The injury cannot suffice for the accident.' See Brooks-Scanlon v. Lee, Fla.1950, 44 So.2d 650 (cerebral hemorrhage while lifting boards at a sawmill); Peterson v. City Commission, Fla.1950, 44 So.2d 423 (left knee 'snapped' when empl......
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Lewter v. Abercrombie Enterprises, No. 755
...Corp., 42 Ariz. 436, 26 P.2d 1017; Cleary Brothers Const. Co. v. Nobles, 156 Fla. 408, 23 So.2d 525; Brooks-Scanlon, Inc., v. Lee, Fla., 44 So.2d 650; O'Neil v. W. R. Spencer Grocer Co., 316 Mich. 320, 25 N.W.2d [240 N.C. 405] 213; Stanton v. Minneapolis Street Ry. Co., 195 Minn. 457, 263 N......
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Zundell v. Dade County School Bd., No. 91-1848
...rule that a worker's collapse may itself be considered an unexpected result or event. See also Brooks-Scanlon, Inc. v. Lee, 44 So.2d 650 (Fla.1950) (cerebral hemorrhage while claimant lifted boards at a sawmill); Peterson v. City Comm'n, 44 So.2d 423 (Fla.1950) (claimant's left knee snapped......
-
Gray v. Employers Mut. Liability Ins. Co.
...was not compensable, since 'the injury itself cannot suffice for, or constitute, the accident', citing Brooks-Scanlon, Inc., v. Lee, Fla., 44 So.2d 650, and Le Viness v. Mauer, Fla., 53 So.2d 113. The order of the Deputy Commissioner was affirmed by the Full Commission and, in turn, by the ......
-
Victor Wine & Liquor, Inc. v. Beasley, No. 30872
...or fall, resulting in injury--or, as we sometimes said, 'The injury cannot suffice for the accident.' See Brooks-Scanlon v. Lee, Fla.1950, 44 So.2d 650 (cerebral hemorrhage while lifting boards at a sawmill); Peterson v. City Commission, Fla.1950, 44 So.2d 423 (left knee 'snapped' when empl......