Sage v. Tennessee Eastman Corporation, 627.
| Decision Date | 22 November 1950 |
| Docket Number | No. 627.,627. |
| Citation | 98 F. Supp. 893 |
| Parties | SAGE v. TENNESSEE EASTMAN CORPORATION. |
| Court | U.S. District Court — Eastern District of Tennessee |
Harry L. Garrett, Kingsport, Tenn., for plaintiff.
E. Lynn Minter, Minter & Tipton, Kingsport, Tenn., for defendant.
Speaking from the bench at the conclusion of proof and arguments, I made findings of fact and announced my opinion as to the applicable rules of law, the result being a decision of the case in favor of the plaintiff. At the same time I requested counsel for the parties to submit briefs, registering any objections they might have as to the disposition of the case, before the entry of final judgment. Having examined the briefs submitted on relevant points of law and further considered the matter, I make this supplemental findings of fact and conclusions of law, as follows:
1. The plaintiff, Bill Sage, an employee of defendant and earning $40.00 or more per week, is permanently and totally disabled to pursue any gainful employment and has been in that condition since May 25, 1949.
2. His disability is the result of an accidental injury, sustained by him in the course of and arising out of his employment.
3. Prior to the accidental injury, he had a diseased circulatory system, which adversely affected the coronary artery.
4. On the date of his injury, he was carrying a 2-inch iron pipe, 10 or 12 feet in length, up a winding stairway. In order to make a difficult turn at the top of the stairs, he had to turn the pipe into a near-perpendicular position and lift it directly upward in that position. This turning and lifting involved an overexertion of his body and an added strain upon and increased exertion of his heart, as a result of which the appearance of an occlusion of the coronary artery was hastened.
5. Defendant had actual notice of plaintiff's accidental injury.
Other facts will appear incidentally hereinafter.
Three doctors testified for the plaintiff, and each was of the opinion that where the pattern of disease exists for it, the coronary thrombosis is inevitable and may develop anywhere and at any time, and that the association of its appearance with particular physical exertion is speculative. Yet all of them were of the opinion that an act of overexertion might precipitate it or hurry it along. Dr. Munal testified: "It is known that exertion frequently brings on these attacks." As to whether climbing the stairs and making the difficult turn hastened it in plaintiff's case, he stated: "I think that brought it on, the added exertion." Dr. Powers testified: ...
To continue reading
Request your trial
- Mike Occhiato Mercantile Co. v. Allemannia Fire Ins. Co., Civ. No. 3236.
-
Patterson Transfer Co. v. Lewis
...567, and disability from aggravated coronary thrombosis (from lifting and carrying iron pipe) was held compensable in Sage v. Tennessee Eastman Corp., D.C., 98 F.Supp. 893. In this case, after a careful and detailed finding of facts, the learned Probate Judge 'The Court finds, as the most r......
-
Howell v. Charles H. Bacon Co., 1198.
...is the best evidence available on the subject of causal relation. In a supplemental memorandum, in the case of Sage v. Tennessee Eastman Corporation, 98 F.Supp. 893, 894, this Court said: "From the medical testimony, two inferences could be drawn: One, that the cause of plaintiff's coronary......
-
Lester v. Bays Mountain Const. Co., Civ. A. No. 898.
...v. Miller Bros. Co., Inc., 194 Tenn. 467, 253 S.W.2d 552; Howell v. Charles H. Bacon Co., D.C., 98 F.Supp. 567; Sage v. Tennessee Eastman Corp., D.C., 98 F.Supp. 893; McMahan v. Travelers Ins. Co., D.C., 114 F.Supp. Let an order be prepared dismissing the case. ...