Knox v. Batson

• Decision Date: 05 January 1966
• Citation: 399 S.W.2d 765,21 McCanless 620,217 Tenn. 620
• Parties: , 217 Tenn. 620 Patricia H. KNOX, as Administratrix of Estate of Joe S. Knox, Appellant, v. Carl J. BATSON, dba Batson Construction Company, Appellee. Mrs. Annie AMMONS, Appellant, v. Carl J. BATSON, dba Batson Construction Company, Appellee.
• Court: Tennessee Supreme Court

Page 765

399 S.W.2d 765

21 McCanless 620, 217 Tenn. 620

Patricia H. KNOX, as Administratrix of Estate of Joe S.

Knox, Appellant, v. Carl J. BATSON, dba Batson Construction Company, Appellee.

Mrs. Annie AMMONS, Appellant, v. Carl J. BATSON, dba Batson Construction Company, Appellee.

Supreme Court of Tennessee.

Jan. 5, 1966.

Hooker, Keeble, Dodson & Harris, Nashville, for appellant Patricia H. Knox, etc.

Gullett, Steele & Sanford, Nashville, for appellant Mrs. Annie Ammons.

Dodson Batson, William J. Harbison, Nashville, for appellee.

CRESON, Justice.

These are actions to recover death benefits under the Tennessee Workmen's Compensation Law. The cases originated in the Circuit Court of Davidson County. Both in the Trial Court and in this Court, they have been most ably presented, briefed and argued. Handling of the case by the Trial Judge was no less than excellent.

The original petitions in these actions allege that the appellants here are the widows of deceased employees of the appellee; that recovery was sought for the benefit of such widows and minor children; that on January 8, 1964, and for some considerable time prior thereto, the decedents had been employees of the appellee, Carl J. Batson, dba Batson Construction Company; that some time prior to January 8, 1964, the appellee ordered the decedents to report to work at or near Tullahoma, Tennessee; that the site of the work was a residential construction project at or near Tullahoma, Tennessee; that the decedents' employment was that of dry-wall finishers; that the deceased employees were directed to stay at a motel in Coffee County, Tennessee, known as The Blue Top Motel; that as a part of their compensation, the appellee would pay their lodging costs.

The petitions further alleged that, acting under these instructions, the deceased employees went to the area of Tullahoma, Tennessee and there resided in lodgings provided for them by the appellee; and that, on the night of January 7, 1964, or the early morning of January 8, while the deceased employees were occupying the motel room, they were there asphyxiated by leakage of gas from a heater installation in said room. The necessary allegations as to average weekly wage and prayers for relief follow.

The petitions were met by answer on behalf of appellee, which admitted the status and the dependency of the beneficiaries of the action; admitted that at the time of their death the deceased employees were in the general employ of the defendant, and admitted that all parties were subject to the provisions of the Tennessee Workmen's Compensation Law. Defendant further admitted that for some weeks prior to January 8, 1964, the deceased employees were engaged in construction work for the defendant, near Tullahoma, Tennessee. The appellee categorically denied that deceased employees, or any other employees, were ordered or directed to stay in any particular place, and denied that any duty or aspect of the employment required any employee to have his lodging in any particular place. Appellee admitted that he paid his employees an additional living allowance, in separate checks, while working out of town. The answer alleged that each employee was authorized to travel back and forth to his home in Nashville, Tennessee, to reside on the premises of the construction work, if he so desired, or to stay in whatever public or private accommodations were available in the area of the construction work. Appellee did inquire as to what lodging facilities might be available and furnished the information he gained to the employees of all crafts.

Upon these issues the proof was taken. The case was twice argued before the Trial Judge and he was provided able briefs. After taking the case under advisement, in order to have sufficient time to fully consider same, the Trial Judge concluded that decedent's beneficiaries were not entitled to recover compensation benefits. Motions for new trial were seasonably filed, argued and overruled. Appeal was then perfected to this Court.

The Trial Judge prepared and filed a comprehensive finding of facts, which is as follows:

'FINDING AS TO FACTS

It is undisputed that Ammons and Knox, for some time previous to their deaths had been employed by the Defendant, Batson, in the construction of various residential houses in the Tullahoma area, and in other locations in Middle Tennessee. Their particular employment may be described as 'dry-wall finishers' and they, along with several other workers, formed a group, which went along with the construction work of Batson when and where it arose. Prior to their death, Ammons and Knox, along with the other members of the group or crew, were employed in the construction of houses in a development undertaken by Batson in the vicinity of Tullahoma. The group including Knox and Ammons were employed and paid on an hourly basis. Knox was a foreman over the crew and kept certain records pertaining to the other workers which will be referred to later on. He also checked other Batson jobs and was paid $50.00 extra as expense money for the use of his truck. Both Ammons and Knox had been on the Tullahoma job sometime previous to their untimely death--at least two or three months. Petitioners contend their deaths were caused by a defective gas heater in 'The Blue Top Motel' and this contention is not contraverted by the proof.

The Court finds from a preponderance of all the evidence that Batson paid the dry wall finishers the same wages on an hourly basis whether the job they worked on was in Nashville where they lived or in some other location; however, when the job was out of Nashville, such as Tullahoma, he gave them an 'allowance' of $4.00 per day for expenses, and this amount was paid to all of the group regardless of whether they remained in Tullahoma or commuted back and forth to their homes in Nashville. While Petitioners earnestly contend otherwise, the Court finds that there was no limitation or restriction placed on the workers while employed in Tullahoma in respect to where they stayed, where they ate or what they did after work; the only rule laid down by Batson was that the workers would report on the job daily at 7 A.M., ready for work; some of the dry-will finishers were permitted to lodge in the houses under construction, some lodged at different motels in the vicinity of Tullahoma and some commuted at various times to their homes. When Batson had construction work out of town he retained general supervision, but he also had a superintendent on the job. They both knew and understood some of the dry-wall finishers might prefer to remain in Tullahoma rather than commute to their homes in Nashville, a distance of 75 miles; to assist these men, it was the custom of the Batson supervising personnel to make inquiries of the facilities open to the workers for lodging and report such facilities to the workers; some of the workers stayed in one place and others in another place; some commuted to their homes in Nashville.

Knox and Ammons became dissatisfied with the particular motel where they were staying and so informed the superintendent who drove out to The Blue Top Motel and made inquiry to see if Knox and Ammons could obtain accommodations there; other Batson workers were already staying at this motel; when Knox and Batson were informed by the superintendent that The Blue Top Motel could and would furnish lodging, they moved out to it and it was here they met their tragic deaths; the Petitioners insist that the superintendent 'arranged' for Knox and Ammons to go to The Blue Top Motel and by so doing it was tantamount to a direction or inducement by their employer, Batson, to have them stay at a particular lodging place selected by Batson; this insistence is denied by the Defendant, and after weighing all of the evidence the Court is of the opinion and so finds that, the actions of the superintendent were not undertaken for the purpose or with the intention to restrict or limit Knox or Ammons in the free selection of a place to lodge, but the action he took was at the request of Knox and Ammons and made with the intention of facilitating better living conditions and as an accommodation to them. The Court further finds that Knox as a foreman for Batson and as part of his duties kept certain records, heretofore referred to, which among other things included the number of days spent out of town by each member of the group during any week and the place where they stayed; these records were delivered by Knox to his superior who in turn would deliver them to the bookkeeper in Nashville; she would then determine the amount due each motel for each worker's lodging and out of the $4.00 daily 'allowance' issue a company check to the respective motel and then issue another company check for any balance of the $4.00 'allowance' due the individual worker; this system had prevailed while the construction work at Tullahoma had been under way; the checks so issued were delivered to the foreman or superintendent and then delivered by them to the motels and the workers and by this method all concerned were advised of what was taking place in respect to the allowance. The proof further indicates the defendant adopted this system for income tax purposes.

It is insisted that Mr. Knox at times kept the records here referred to after working hours at night and that the dry-wall finishers were also required at certain times after working hours to see that the houses under construction were heated in order to avoid damage. These contentions are not in the opinion of the Court sustained by the weight of the evidence.

The Court further finds that Knox and Ammons at the time of their deaths were in their rooms at The Blue Top Motel and were apparently overcome by a lethal gas while in their sleep; prior to going to bed they had been playing cards for some hours with other Batson workers; there is no evidence they were engaged in any type of work connected...