City of Tallahassee v. Roberts

Decision Date17 April 1945
Citation21 So.2d 712,155 Fla. 815
CourtFlorida Supreme Court

Appeal from Circuit Court, Leon County; W. May Walker Judge.

James Messer, Jr., of Tallahassee, for appellant.

Wendell C Heaton, of Tallahassee, and Allen C. Clements, of Miami, for appellees.

ADAMS, Justice.

This appeal is to challenge a judgment upholding an award of compensation granted pursuant to our Workmen's Compensation Law F.S.A. Sec. 440.01 et seq. For an injury to be compensable under this act it must be an injury by accident, arising out of and in the course of the employment. The occurrence of an accident is one prerequisite to any award of compensation for an injury. The act defines an accident as "Accident' shall mean only an unexpected or unusual event, happening suddenly.' Sec. 440.02(19), F.S. '41, F.S.A. Several times we have construed this act. See Kress & Co. et al. v. Burkes, 153 Fla. 868, 16 So.2d 106; Travelers Insurance Co. et al. v Shepard et al., Fla., 20 So.2d 903; General Properties Co. v. Greening, Fla., 18 So.2d 908.

The factual background of this award will appear from the following quotation of claimant's testimony:

'Q. You were employed by the City as fireman last October? A. Yes sir.

'Q. Will you describe in your own words what happened on October 4, 1943? A. I got an aching in my hip. I went to Dr. Annis on the 4th that was the day I was off. On the 6th we had a fire alarm and we had to go out. I got up and it made me sick and hurt me pretty bad. I was supposed to get the first truck, Lt. Johnson's truck, but I didn't. I got the second truck which was Maige's truck. I did catch him by him showing up for me to catch it. There wasn't anything to the fire much. I was hurting pretty bad. It was in the Northwest end of town. Seems like riding on the truck, the wind keep me from being so sick.

'Q. Were you sleeping in the fire station? A. Yes sir.

'Q. You jumped out of bed at the sound of the alarm? A. Yes sir.

'Q. Did you notice any twisting? A. No sir, it just felt like something struck me in the center of my back and ranged down.

'Q. Had you noticed in your life before any similar trouble? A. No sir.

'Q. Have you had trouble with your back?

'Q. How long had you been employed by the City of Tallahassee as a fireman? A. Something like three (3) weeks.'

The ailment was diagnosed as a slipping of the vertebra, known medically as spondylolisthesis. The record wholly fails to disclose facts from which...

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8 cases
  • Gray v. Employers Mut. Liability Ins. Co.
    • United States
    • Florida Supreme Court
    • 14 Noviembre 1952
    ...same failure of proof existed in the cases of Cleary Bros. Const. Co. v. Nobbles, 156 Fla. 408, 23 So.2d 525, and City of Tallahassee v. Roberts, 155 Fla. 815, 21 So.2d 712, relied upon by appellees in support of their contention that appellant was not injured 'by accident.' The cases of Mc......
  • Southern Bell Tel. & Tel. Co. v. McCook
    • United States
    • Florida Supreme Court
    • 31 Agosto 1977
    ...was sudden and unexpected distinguishes this case from Martin Co. v. Carpenter, 132 So.2d 400 (Fla.1961), and City of Tallahassee v. Roberts, 155 Fla. 815, 21 So.2d 712 (1945), in both of which cases the employee's painful condition had been a known and continuing fact. This case is more li......
  • Martin Co. v. Carpenter, 40075
    • United States
    • Florida Supreme Court
    • 26 Julio 1961
    ...this issue and, as already noted, we find the distinction between Firestone and this case to be immaterial. In City of Tallahassee v. Roberts, 1945, 155 Fla. 815, 21 So.2d 712, a case involving spondylolisthesis, this Court denied a claim for compensation because of lack of proof of 'accide......
  • Peterson v. City Com'n, City of Jacksonville
    • United States
    • Florida Supreme Court
    • 7 Febrero 1950
    ...Yates & Conroy, Jacksonville, for appellees. PER CURIAM. The judgment appealed from is affirmed on authority of City of Tallahassee v. Roberts, 155 Fla. 815, 21 So.2d 712, and similar ADAMS, C. J., and TERRELL, THOMAS, HOBSON and ROBERTS, JJ., concur. CHAPMAN, J., and REGISTER, Associate Ju......
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