Goodnite v. Farm Equipment Co.

• Decision Date: 09 June 1958
• Docket Number: No. 40825,40825
• Citation: 103 So.2d 391,234 Miss. 342
• Parties: Mrs. Josephine GOODNITE v. FARM EQUIPMENT COMPANY and National Surety Corporation.
• Court: Mississippi Supreme Court

Page 391

103 So.2d 391

234 Miss. 342

Mrs. Josephine GOODNITE v. FARM EQUIPMENT COMPANY and National Surety Corporation.

No. 40825.

Supreme Court of Mississippi.

June 9, 1958.

Lomax B. Lamb, Jr., Marks, for appellant.

Brewer & Brewer, Clarksdale, for appellees.

KYLE, Justice.

This case is before us on appeal by Mrs. Josephine Goodnite, surviving widow of Samuel Vincent Goodnite, deceased, an employee of the Farm Equipment Company, of Tunica, Mississippi, from a judgment of the Circuit Court of Tunica County, affirming an order of the attorney-referee and the Workmen's Compensation Commission denying the claim of the appellant and her fifteen-year old son against the Farm Equipment Company for death benefits under the Workmen's Compensation Law on account of the death of Samuel Vincent Goodnite who, at the time of his alleged injury and death, was an employee of the Farm Equipment Company.

The record shows that Samuel Vincent Goodnite, who was 41 years of age at the time of his death, was employed by the Farm Equipment Company as a general mechanic in its repair shop at Tunica some time during the month of January 1956; that he had previously worked as a plantation mechanic, and his general health was believed to be good until September 1956; and that he ordinarily worked about 55 hours a week. Early in September Goodnite complained to his wife about not feeling well, and about having headaches. He complained at times of loss of breath and of a burning sensation in the chest. About three weeks before his death, as he re-entered the shop after the noon hour, he was seen to place his hands across his chest, indicating physical discomfort, and to lean upon a truck bed to rest; and he stated to his fellow workmen at that time that he had experienced a burning sensation in his chest and a shortness of breath, and that he had had similar attacks before. After resting a few minutes he resumed his duties in the shop.

On September 10, 1956, Goodnite was given a medical examination by Dr. Richard Denton, a local physician engaged in the general practice of medicine. He stated to Dr. Denton at that time that he had recently experienced a shortness of breath and tightness in his chest. The doctor found a possible slight systolic murmur, and there was evidence of a fatigue syndrome and a tension syndrome. The patient appeared to be of a nervous type. A chest X-ray was taken, and also a cardiogram. The chest plate was normal. The cardiogram was examined by a heart specialist, who reported that it was normal. The patient was again examined by Dr. Denton on September 14, 1956, and at that time Dr. Denton found no new symptoms of illness, but advised the patient that he should slow down his activities as long as he had shortness of breath. A tranquilizing drug was prescribed, but no specific cardiovascular medicines.

Goodnite worked five hours on the job on Saturday morning, September 22; and on Sunday, September 23, he went dove hunting with two companions. He suffered at least two attacks of shortness of breath and burning sensations in his chest while in the filed, and on each occasion he clapped his hands on his chest and rested a few minutes before proceeding further. One time he leaned against the automobile to rest, the other time he sat for a few minutes. He worked ten hours on Monday, September 24, and reported for work the following morning a few minutes before 7 o'clock. Shortly after he reported for work the shop foreman directed him to go to a nearby farm to time a cotton picker. Before leaving the shop Goodnite placed a tachometer, or timing device, weighing about 5 pounds, and a tray of tools, weighing about 10 or 12 pounds, in his employer's pickup truck. He then left the shop in the pickup truck and drove toward the farm where he was to repair the cotton picker. He had driven southwardly a distance of approximately one-half mile, when he suffered the heart attack which resulted in death almost immediately. One eyewitness testified that Goodnite passed a tractor headed northwardly with two large trailers attached and that 'just before the got to the trailer he kinda swerved a little, and then just as he passed the trailer, got behind them, he just cut right behind the trailers, just barely missed them.' After the tractor and trailers had passed, the truck ran off the street, to the left across a small ditch on to a railroad track and then down again into the ditch, where it came to a stop. Goodnite slumped over on the seat. He was breathing when a passerby came to his aid, but did not speak. He was rushed to a local hospital, but was dead on arrival. No autopsy was performed. Dr. Denton signed the death certificate which showed as the cause of death 'possible coronary thrombosis.'

There is no conflict in the testimony concerning the facts stated above.

Dr. Denton, who was called to testify as a witness for the claimants, testified that he examined Goodnite on September 10, 1956, and saw him again professionally on September 14. At the time he made his examinations he did not feel that Goodnite had a serious coronary condition. However, in retrospect and after the death of Goodnite, the doctor felt that Goodnite did have a serious coronary condition prior to his death. Dr. Denton testified that in his opinion Goodnite's activities during the morning could have brought on or contributed to the heart attack which produced death. He was asked whether it was reasonably probable that his activities did bring on or contribute to his death. His answer was, 'I don't know.'

Two other doctors testified as expert witnesses. Neither of them was personally acquainted with Goodnite during his lifetime, and neither of them had any personal knowledge of Goodnite's condition immediately prior to his death. The claimants offered in evidence the deposition of Dr. Purvis Milnor, Jr., of Memphis, a recognized specialist in cardiology. The defendants offered in evidence the testimony of Dr. Guy H. Adams, of Atlanta, who specialized in the field of internal medicine.

Dr. Milnor, in answer to hypothetical questions, stated that he was of the opinion that Goodnite was suffering from an arteriosclerotic heart disease, at least from September 10, 1956, until the time of his death. He did not think that his death was due to coronary thrombosis. He stated that thrombosis was not often found in the age group to which Goodnite belonged. The doctor stated that he was of the opinion that Goodnite's death was a cardiac death.

The doctor was then asked the following questions, and gave the following answers:

'Q. Doctor, what, in your opinion, was the reasonable probable connection of Goodnite's employment with the implement company and the work he performed for the company and his death? A. Let me bring myself back to the question you asked me, the hypothetical question. According to the history, his death occurred on the 25th, did it not?

'Q. Yes. A. He had had, in the early part of September, some chest pain for which he went to see his doctor, and the diagnosis of a fatigue syndrome and a tension syndrome was made, and subsequently, despite several more pretty severe pains, I believe according to the history, he continued on with his activities with no subsequent letup; I would like to answer that question in this way, if I may. The accepted treatment for a cardiac condition, whether it be an undiagnosed myocardiac infarction or angina pectoris, the accepted treatment is rest in bed for a period of time, and particularly the avoidance of any activity whatsoever which requires physical or mental strain. Now, the fact that this patient continued to work, that would be expected to be harmful to his health. The exact trigger mechanism which precipitates certain of these episodes, and which result in death, are often indeterminable. Sometimes one dies with a particular episode, and sometimes one does not. We have the feeling that these patients should not--for instance when the diagnosis of a heart condition of some variety is made, we like immediately to take these patients off of anything which produces any physical or mental strain whatsoever. The question arises frequently in people who work around here, we do not like to see them picking up anything. Another thing which we stress is, and...