Griffeth v. County of Barrow

• Decision Date: 06 October 1955
• Docket Number: No. 35887,No. 2,35887,2
• Citation: 92 Ga.App. 698,89 S.E.2d 895
• Court: Georgia Court of Appeals
• Parties: Lula A. GRIFFETH v. COUNTY OF BARROW et al

Page 895

89 S.E.2d 895

92 Ga.App. 698

Lula A. GRIFFETH v. COUNTY OF BARROW et al.

No. 35887.

Court of Appeals of Georgia, Division No. 2.

Oct. 6, 1955.

Syllabus by the Court.

There is ample evidence to support the finding of the State Board of Workmen's Compensation, based on the finding and award of the deputy director. The court did not err in affirming the finding of fact and award so found.

Mrs. Lula Austin Griffeth (hereinafter called the plaintiff) filed a claim with the State Board of Workmen's Compensation, against the County of Barrow and National Surety Corporation, as the widow of Joseph H. Griffeth, on account of his death. The matter was heard by a Deputy Director of the State Board of Workmen's Compensation, who made an award in favor of the defendant. An appeal was filed to the full board, and the full board denied the appeal and affirmed the deputy director. An appeal was then filed to the Superior Court of Barrow County, and that court denied the appeal and affirmed the award. The case is here on a bill of exceptions assigning error on that judgment.

The evidence shows substantially that on the morning of March 8, 1954, about 10 o'clock in the morning the deceased, while suffering from both arteriosclerosis and hypertension, was able to work and was actually and actively engaged in the performance of the duties of his employment; that the crew which he supervised removed a large bush from one place to another on the courthouse lawn; that the deceased got down on his knees beside the hole in which the large bush was to be placed. A witness for the claimant testified that the deceased stated that he got too hot. There was testimony to the effect that he was for the most part 'just piddling around.' At any rate, he finished his work for the day, making no complaint that he was ill.

The deputy director who heard the case made the following finding of fact and award: 'The avove case was called to be heard before the undersigned deputy director in Winder, Georgia, on September 14, 1954, for the purpose of determining liability, compensation and dependency.

'Joseph Howard Griffeth was an employee of County of Barrow and died on the 9th day of March, 1954. His wages were $35.00 a week for 5 1/2 days.

'Doctor John Hunnicutt, testified in substance as follows: Usual causes of cerebral hemorrhage is a break in a blood vessel; a man who has hypertension and /or arteriosclerosis is more likely to have a cerebral hemorrhage than the average person; cerebral hemorrhage could be caused by strain or over-exertion; a man could have a hemorrhage and continue to work and collapse at a later time. One might expect a terrible accident if a person had arteriosclerosis and hypertension and had been suffering for approximately a year and then overexerted himself or become overheated; of course if a person is suffering from high blood pressure a hemorrhage can occur in his sleep or at any time. Witness never saw the deceased claimant and merely gave hypothetical answers to hypothetical questions.

'William Quenton Randolph, testified in substance as follows: He attended Mr. Griffeth, who died, of cerebral hemorrhage and had treated him prior to his death for hypertension and arteriosclerosis. He was called on March 8, 1954, and when he arrived Mr. Griffeth was not conscious; they took him to the hospital, but he never gained consciousness. Overexertion would cause a man to get overheated, and overexertion could cause a man's blood pressure to get higher and possibly cause a hemorrhage. He did not perform an autopsy. He first saw Mr. Griffeth about ten o'colck on Mrch 8th and deceased died at 6:15 p. m. on March 9th. The medical profession does not look on 'overexertion' as a trauma. If exertion is strenuous enough to be the precipitating cause of a cerebral hemorrhage, the hemorrhage could take place some time later. He does not think that claimant would have had a cerebral hemorrhage had he not had the exertion that he had until possibly in future years. He thinks that the hemorrhage did occur about an hour prior to the time he saw him on the night of March 8th.

'It was stipulated that on March 8, 1954 the deceased employee, Joseph Howard Griffeth, was an employee of Barrow County, and had been for more than theirteen weeks preceding that date and that his average weekly wage was $35.00.

'Mrs. Lula Austin Griffeth, widow of deceased claimant, testified in substance in her own behalf, as follows: When her husband came in from work on the night of March 8th 'he was plumb yellow and had glittering eyes' and when she asked him what was the matter he said 'he got too hot and his legs were cramping' * * * he complained of his head hurting, and said he was paralyzed, and he never said another word after that. He didn't eat any supper, just drank a little coffee.

'J. T. Sorrells, testified in substance as follows: He is a son-in-law of Mr. Joseph Howard Griffeth and visited in the home just prior to his death, and knew when he walked into the room that Mr. Griffeth was not feeling well; his eyes were glassy looking and he complained of his head hurting and his legs hurting, complained of getting too hot.

'Mrs. Odine Sorrells, testified in substance as follows: Mr. Joe Griffeth was her father; that when she and her husband visited in the home on the night of March 8, her father complained fo his head and legs hurting, said he had worked too hard and got too hot. He looked at the house rent receipt, which she handed him, and his head dropped; he looked different form what he always looked but she didn't think too much about it at the time; they had been at home just a few minutes when they got word he was dead.

'Willie Williams, testified in substance as follows: He worked with Mr. Griffeth for Barrow County; they worked together for a little over two years. On the day before he had a stroke he did not observe anything unusual about him and he did not complain about feeling bad during the day; when the job was over they all went to the barn together. On that day he was very cheerful.

'Jimmy Freeman, testified in substance as follows: He worked with Mr. Griffeth on the day he had his attack that night and he seemed to be feeling as good as usual; he did not complain of anything. They were moving and resetting shrubbery at the courthouse on March 8th, and Mr. Griffeth was the supervisor but he worked along with the rest of them, raking a little grass and he has done some heavy work but he didn't see him do any that day.

'Mrs. Lula Austin Griffeth, testified in substance as follows: As she was recalled to the stand. Mr. Griffeth rode within half a mile from work to home on Mrch 8th; he had to walk about a half mile home.

'George B. Griffeth, testified in substance as follows: He is the son of Mr. Joseph Griffeth, and identified the receipted bill for Dr. Randolph in the amount of $15.00 which he paid, and a bill for $33.55. The funeral bill had not been paid.

'Deposition of Robert H. McGee: Taken on behalf of the claimant, by agreement of counsel. He lives in Winder and was around the courthouse on the day that Mr. Griffeth and the men were working with the shrubbery. They dug up a big bush, about three or four feet in diameter at the bottom and he was down on his knees, reaching down trying to move it along; he had been around there all the morning, and when Mr. Griffeth raised up he looked around and said, 'I got too hot fooling with that thing.' He was awful red in the face and his arteries were standing out. He had known Mr. Griffeth for 20 years and when he looked in his face he knew something was wrong; those arteries were standing out in his forehead; he leaned up against the building and said, 'Yeah, you can get pretty hot pretty easy.' Somebody said to him, you had better get around where it is cool, and he did. He didn't think too much about it at the time but as he walked up the street he knew something was the matter with Joe. He never saw him any more that day. He was around the courthouse from about 8 o'clock until about 11 o'clock. He did not work for Barrow County and was only there in an unofficial capacity in helping the ladies do the landscape. He saw Mr. Griffeth dig around the bush on that day as well as helping with smaller pieces of shrubbery. Mr. Griffeth wasn't a red faced man but it was awfully red, something unusual when he looked at him when he raised up. He doesn't know what the temperature was that morning but it was pretty warm.

'Deposition of Dr. L. Minor Blackford, taken on behalf of the defendant, by agreement of counsel. There are two schools of though on the effects of exertion upon the heart. There are two types of strokes, one type is a clot which forms in one of the arteries supplying the brain but it is his opinion that the clot doesn't form in the vessels supplying the brain as a result of exertion, and some, perhaps not an overwhelming majority, believe that an actual hemorrhage is related to exertion. It is his opinion that exertion can be an attributing factor to the production of a cerebral hemorrhage orrhage of the type which is affected by exertion. In answer to a hypothetical question, his positive opinion is that the exertion of Mr. Griffeth...