Davis Lumber Co. v. Self, 6 Div. 690
| Decision Date | 18 August 1955 |
| Docket Number | 6 Div. 690 |
| Citation | 82 So.2d 291,263 Ala. 276 |
| Parties | DAVIS LUMBER COMPANY v. Mable SELF. |
| Court | Alabama Supreme Court |
St. John & St. John and Jack C. Riley, Cullman, for appellant.
Julian Bland, Cullman, for appellee.
Certiorari was granted on petition of Davis Lumber Company, employer, to review a judgment of the circuit court of Cullman County awarding compensation to the widow and minor children of Early Dolphus Self, deceased.
The trial court found that on January 15, 1953, deceased, while employed by Davis Lumber Company as a laborer, sustained a personal injury caused by an accident which arose out of and in the course of his employment and which injury resulted in his death.
Self began work for Davis Lumber Company several months prior to January 15, 1953, the day on which the plaintiff below claims her husband suffered an injury which she also claims proximately caused his death. Self was a comparatively small man weighing approximately 135 pounds and about five feet six inches tall. His duties, in part, consisted of helping in the stacking of lumber, which had to be lifted and then carried a distance of from ten to thirty feet to the point where it was stacked. Some of the green timber weighed more than 300 pounds. On the afternoon of January 15, 1953, while assisting in the lifting and carrying of a timber, Self complained of severe pain in his back. His complaint at the time was that he had strained his back and had a catch in it. He stopped work. He turned pale and appeared to be in pain, but refused medical assistance at the time. After a short rest he began to work at lighter tasks. When he arrived at his home after work he made complaint of pain in his back. His wife administered to him as best she could. He returned to his place of employment the next day, but again performed only light work. That was his last day of work.
Prior to January 15, 1953, the employee had been in good health. He had made no complaint of any pain in his back before that date.
Self's home was in Cullman County eight or nine miles from the city of Cullman. On Sunday afternoon, January 18, 1953, he was carried to Cullman to see Dr. L. H. Clemmons, to whom he made complaint of pain in the lower part of his back and to whom he related the events of the afternoon of January 15. On that occasion Dr. Clemmons made only a 'cursory examination' and prescribed for the backache.' Thereafter, on January 27 and on February 2 Self was carried to the office of Dr. Clemmons, where on both occasions he made complaint of pain in his back. Apparently Dr. Clemmons continued to treat Self as if the pain in his back was caused by a pulled or strained muscle. On February 6, 1953, Self was admitted to the Cullman Hospital on the recommendation of Dr. Clemmons. While in the hospital Dr. Clemmons found that Self had a tender prostate gland, but treated him for a back injury because of the complaint of pain in the back, legs and abdomen and because of other symptoms usually indicating a back injury. However, none of the many X-ray pictures which were made revealed a broken bone or any other defect in the back. Self, while in the hospital, became progressively worse and had what Dr. Clemmons described as 'a changing neurological picture.' Because of the facts just mentioned, Dr. Clemmons referred Self to Dr. Stanley Graham, a neurosurgeon in Birmingham. On February 12, 1953, Self was carried from the Cullman Hospital to Jefferson Hospital in Birmingham, where he remained until March 1, 1953, under the care of Dr. Graham. On March 1, 1953, Self was removed to his home in Cullman County where he remained until his death on March 14, 1953, during which period of time he was not seen by a physician until approximately one hour before his death.
Dr. Clemmons would not execute the certificate of death but had it sent to Dr. Graham, who did execute it. According to that certificate, the disease or condition which directly led to death was 'myelo radiculitis.'
Dr. Graham did not testify in this case. Dr. Clemmons was called by the plaintiff. Dr. Stitt, Dr. Dodson and Dr. Barnes, all general practitioners in the city of Cullman, as is Dr. Clemmons, were witnesses for the defendant. Dr. Stitt and Dr. Dodson had examined Self one time while he was in the Cullman Hospital at the request of Dr. Clemmons, but their examinations were not exhaustive. Dr. Barnes never saw Self.
The doctors who testified were each questioned as to the meaning of the words 'myelo radiculitis.' They used varying language in their answers, but we think the substance of their answers is the same and that a composite answer is to the effect that those words are used to indicate an inflammation of the spinal cord and the posterior nerve roots. See definition of 'myeloradiculitis,' The American Illustrated Medical Dictionary, by Dorland, 21st Edition.
Two of the doctors, Clemmons and Stitt, were questioned as to whether 'myelo radiculitis' is a fatal malady. Dr. Clemmons said he did not know. Dr. Stitt stated that it 'possibly could be' but that in all his practice he had never heard of it being fatal. Dr. Barnes and Dr. Dodson were not questioned along that line, although it was brought out that Dr. Dodson had been suffering from that condition for several months at the time of the trial. We observe here that while two of the doctors indicated that they were not aware that 'myelo radiculitis' would prove fatal they, along with the other two doctors, recognized that Dr. Graham was an outstanding neurosurgeon and they did not question his diagnosis.
The medical testimony differed as to the cause of 'myelo radiculitis.' The testimony of the doctors on this point is hereafter summarized.
Dr. Clemmons stated in effect that it could be caused by a sudden jar, strain or 'jolt' of the body resulting from the lifting or carrying of a heavy object such as a heavy timber. He also stated that an X-ray would not show 'myelo radiculitis.'
Dr. Stitt testified that 'it is usually caused from some infection in the body and could be caused from a tumor, with an interference of the blood supply, and could be caused by a virus infection in the cord nerve roots itself.' He answered in the negative the question 'Is it the result of working such as lifting?' He also testified that 'myelo radiculitis' could be caused by infection; that a tender prostate indicated infection. He answered 'Yes, sir' to the following question: 'Is it possible that the infection of a prostate as reflected by tenderness could be transmitted to the nerve roots of the spine and cause inflammation of it.' On cross-examination Dr. Stitt stated in effect that an injury to a person suffering with 'myelo radiculitis' could 'proximately contribute to his death.'
Dr. Dodson stated that 'myelo radiculitis' is caused by infection and injury; that lifting does not cause it unless the lifting 'injured the spinal cord or the spine in the process'; that an injury sufficinet to cause death would be reflected by X-ray; that infection from the prostate 'could cause it.'
Dr. Barnes was not interrogated as to the cause of ...
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