McNeill v. Thompson, No. 21818

CourtUnited States State Supreme Court of Florida
Writing for the CourtPARKS; SEBRING
Citation53 So.2d 868
PartiesMcNEILL et al. v. THOMPSON et al.
Decision Date29 May 1951
Docket NumberNo. 21818

Page 868

53 So.2d 868
McNEILL et al.
v.
THOMPSON et al.
No. 21818.
Supreme Court of Florida, en Banc.
May 29, 1951.
Rehearing Denied July 3, 1951.

Page 869

Messer & Willis, Ben C. Willis and James Messer, Jr., all of Tallahassee, for appellants.

Davenport & Johnston, Bert A. Davenport, and Mayo C. Johnston, all of Panama City, for appellees.

PARKS, Associate Justice.

We review Employers' appeal from the judgment of the Circuit Court of Bay County affirming an order of the Florida Industrial Commission approving the order of its Deputy Commissioner granting compensation to the claimant, Thompson, for an injured spine consisting of a ruptured inter vertebral disc. That Claimant suffered such injury is not disputed. The sole question we are called on to determine is whether or not he received this injury in an 'accident' within the meaning of the Compensation Act. F.S.A. § 440.01 et seq.

By agreement, the case was tried upon Thompson's written version of the incident, supplemented by stipulation of facts by the parties, viz.:

'My name is Wade L. Thompson, 5600 19th Court, Wainwright Park, Panama City, Florida. On January 23, 1950 I worked for Mr. Andy C. McNeil on the Southern Bell Telephone Building at Panama City. I went to work at 12:30 and worked until 4:30 P.M. I was the foreman of the painting and there were three painters working under me. Two of them, a Mr. Hurley and a Mr. O' Bryan, knocked off at 3:30, and a Mr. Brooks worked with me until 4:30. I spent all of the afternoon outside of the building, working on some doors and handrails. During the afternoon it became necessary to move all of the paint out of the basement of the building and place it in the open under some trees near the building. A colored laborer got the paint out and placed it under the trees. As two of the painters left at 3:30 that left only myself and Mr. Brooks on the job. There was an extension ladder outside against the building with the bottom in a hole. It was necessary to move the ladder as I needed it as a support for some cover cloths to put over the paint to protect it from the weather.

'I started to lift the ladder and get it out of the hole. As I lifted up and was getting it out of hold I felt a pain in the lower part of my back. It was a sharp pain and I dropped the ladder. I felt like I was going to faint and turned sick. I called Mr. Brooks and told him I couldn't do anything else and to move the ladder over to the paint and cover all of it up with drop cloths. He did so. This happened about 4:00 p. m. and I sat down and rested. The pain continued but I was able to drive my car home. I thought it would pass off but it continued throughout the night. I did not feel like going back to work and my wife called Mr. McNeil and told him I would not be able to go to work and that I was going to see the doctor if I was able to get there.'

'1. The attached statement of Wade L. Thompson dated February 20, 1950, sets forth true facts pertaining to his...

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7 practice notes
  • Gray v. Employers Mut. Liability Ins. Co.
    • United States
    • United States State Supreme Court of Florida
    • 14 Noviembre 1952
    ...upon by appellees in support of their contention that appellant was not injured 'by accident.' The cases of McNeill v. Thompson, Fla., 53 So.2d 868, and Peterson v. City Commission, City of Jacksonville, Fla., 44 So.2d 423, are much closer cases than those heretofore discussed, but could ha......
  • Rathbun v. Taber Tank Lines, No. 9468
    • United States
    • Montana United States State Supreme Court of Montana
    • 20 Mayo 1955
    ...to constitute an 'accident' within the meaning of the Workmen's Compensation Law; and insofar as the McNeill [McNeill v. Thompson, Fla., 53 So.2d 868] and Peterson [Peterson v. City Comm., Fla., 44 So.2d 423] cases, supra, hold that an injury is not compensable if it happens while the claim......
  • Victor Wine & Liquor, Inc. v. Beasley, No. 30872
    • United States
    • United States State Supreme Court of Florida
    • 3 Mayo 1961
    ...(chest pains while working as a ditch digger, with a coronary thrombosis occurring several days later); and McNeill v. Thompson, Fla.1951, 53 So.2d 868 (ruptured intervertebral disc while performing routine work of moving This line of cases--requiring a literal 'accident' such as a slip or ......
  • Vitale v. Haeser
    • United States
    • United States State Supreme Court of Florida
    • 24 Abril 1953
    ...'That under the principles lately followed by the Supreme Court of Florida, illustrated in the cases of McNeill v. Thompson, Fla., 53 So.2d 868; Brooks-Scanlon, Inc. v. Lee, Fla., 44 So.2d 650; Cleary Bros. Construction Co. v. Nobles, 156 Fla. 408, 23 So.2d Page 658 525; City of Tallahassee......
  • Request a trial to view additional results
7 cases
  • Gray v. Employers Mut. Liability Ins. Co.
    • United States
    • United States State Supreme Court of Florida
    • 14 Noviembre 1952
    ...upon by appellees in support of their contention that appellant was not injured 'by accident.' The cases of McNeill v. Thompson, Fla., 53 So.2d 868, and Peterson v. City Commission, City of Jacksonville, Fla., 44 So.2d 423, are much closer cases than those heretofore discussed, but could ha......
  • Rathbun v. Taber Tank Lines, No. 9468
    • United States
    • Montana United States State Supreme Court of Montana
    • 20 Mayo 1955
    ...to constitute an 'accident' within the meaning of the Workmen's Compensation Law; and insofar as the McNeill [McNeill v. Thompson, Fla., 53 So.2d 868] and Peterson [Peterson v. City Comm., Fla., 44 So.2d 423] cases, supra, hold that an injury is not compensable if it happens while the claim......
  • Victor Wine & Liquor, Inc. v. Beasley, No. 30872
    • United States
    • United States State Supreme Court of Florida
    • 3 Mayo 1961
    ...(chest pains while working as a ditch digger, with a coronary thrombosis occurring several days later); and McNeill v. Thompson, Fla.1951, 53 So.2d 868 (ruptured intervertebral disc while performing routine work of moving This line of cases--requiring a literal 'accident' such as a slip or ......
  • Vitale v. Haeser
    • United States
    • United States State Supreme Court of Florida
    • 24 Abril 1953
    ...'That under the principles lately followed by the Supreme Court of Florida, illustrated in the cases of McNeill v. Thompson, Fla., 53 So.2d 868; Brooks-Scanlon, Inc. v. Lee, Fla., 44 So.2d 650; Cleary Bros. Construction Co. v. Nobles, 156 Fla. 408, 23 So.2d Page 658 525; City of Tallahassee......
  • Request a trial to view additional results

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