Reynolds v. City of Shreveport

• Decision Date: 29 June 1934
• Docket Number: 4796
• Citation: 155 So. 469
• Court: Court of Appeal of Louisiana — District of US
• Parties: REYNOLDS et al. v. CITY OF SHREVEPORT

155 So. 469

REYNOLDS et al. v. CITY OF SHREVEPORT

No. 4796

Court of Appeal of Louisiana, Second Circuit.

June 29, 1934

William C. Boone, of Shreveport, for appellants.

Aubrey M. Pyburn, of Shreveport, for appellee.

OPINION

TALIAFERRO Judge.

The widow and minor children of John M. Reynolds, deceased, bring this suit against the city of Shreveport to recover compensation alleged to be due them on account of his death from causes arising from, and traceable to, an injury received by him on March 28, 1932, while performing the duties of his employment with the city. The city denies liability to any extent, and denies that there was any causal connection between the disease of which Reynolds died and the injury he experienced while in its employ.

The demands of plaintiffs were rejected by the lower court, and they appeal.

Reynolds was a helper on one of defendant's garbage trucks. On March 28, 1932, he lost his balance while in the truck and fell to the pavement, some three feet, landing on his back. The effect of the fall disabled him from performing his duties. His regular wages were paid him to the date of his death on September 25th, after undergoing an operation for appendicitis. The fall caused injury to the left side of the sacroiliac region, and to the back as far up as the neck. Continuously to the date of the operation he complained of pain in the injured areas. After the fall from the truck he was immediately removed to his home and was attended by a physician. He was confined to bed for two weeks, and then made regular visits to the office of defendant's doctors for some ten days, and was then directed by these physicians to again go to bed, which he did for about two more weeks thereafter, he frequently returned to these physicians for treatment, consisting mainly of heat applications to the back. This continued to the last of August. No appreciable improvement in his condition was observed by the doctors. On August 31st he developed fever. A blood picture disclosed positive estivo-autumnal. He was then given quinine regularly as an antidote for the malaria, and appeared to be getting along satisfactorily when, on September 10th, he suddenly began to suffer pain in the abdominal region. Dr. Rigby hastened to see him. He diagnosed the cause of his pain and suffering as appendicitis. Reynolds was promptly removed to the Charity Hospital in Shreveport, but was not operated on until three days later. His appendix was found to have ruptured. It was removed. Peritonitis set up causing death.

Before plaintiffs can recover, they must prove to that degree of certainty required by law that there was causal connection between the...