Seals v. City of Baton Rouge

• Decision Date: 25 March 1957
• Docket Number: No. 4366,4366
• Citation: Seals v. City of Baton Rouge, 94 So.2d 478 (La. App. 1957)
• Parties: Lucille M. SEALS v. The CITY OF BATON ROUGE.
• Court: Court of Appeal of Louisiana

Page 478

94 So.2d 478

Lucille M. SEALS v.The CITY OF BATON ROUGE.

No. 4366.

Court of Appeal of Louisiana, First Circuit.

March 25, 1957.

Rehearing Denied May 2, 1957.

Writ of Certiorari Denied June 28, 1957.

R. Gordon Kean, Jr., John V. Parker, Baton Rouge, for appellant.

L. C. Parker, H. D. Copenhaver, Jr., Baton Rouge, for appellee.

LOTTINGER, Judge.

This matter is before us on an appeal taken by the City of Baton Rouge from a judgment rendered against it in the Court below.The trial judge rendered written reasons for judgment which we herewith set out in full:

'Plaintiff brings this suit against the City of Baton Rouge, seeking to recover under the Workmen's Compensation Law for the death of her husband, Ernest Seals, a captain on the police force of the City at the date of his death, January 21, 1955.Recovery is sought for plaintiff as surviving spouse of decedent and for two sons, issue of her marriage to decedent, both under the age of eighteen years on the date of the death of Captain Seals.Plaintiff alleges that her husband died of coronary thrombosis following the aggravation of a pre-existing heart condition caused by the demands of the officials of the police department in their efforts to compel him to retire.

'Exceptions of no cause and no right of action were filed by defendant and by the court overruled.These exceptions are here renewed.

'The only testimony heard by the court was that of Dr. Howard B. Witter, decedent's family physician since 1932, called as a witness for plaintiff.The deposition of plaintiff, taken a few days before the trial, was offered in evidence by agreement of the parties.The other evidence was offered by joint stipulation of the parties, and consists largely of documentary evidence.

'Captain Seals became a member of the City Police force on July 1, 1934, and except for the period from October 1, 1937 to May 14, 1938, he served therein until his death.On October 1, 1951, he suffered an attack of coronary thrombosis and was under the care of Dr. Witter who discharged him as able to resume his active duties as a police captain on August 1, 1952.So far as the record shows Captain Seals performed these active duties without interruption for almost two and one-half years, or until he suffered an attack of anginal pains on January 17, 1955, followed by a second and fatal attack of coronary thrombosis on January 21, 1955.

'Dr. Witter was the decedent's personal physician for a period of about twenty-three years, commencing some two years prior to decedent's becoming a member of the City Police Force.He was intimately acquainted with decedent, saw him frequently, and gave him such medical attention as was required.The doctor testified that throughout these years Captain Seals had no serious illness other than the heart attacks mentioned.He further testified that when he discharged Captain Seals as able to resume his duties on August 1, 1952, the captain had made a normal recovery from his heart attack on October 1, 1951 and was fully able to perform his duties in directing and supervising the work of the police officers under his command.As already stated, there is nothing in the record which shows the doctor was mistaken in this opinion.He did testify, as would be expected, that he ordered Captain Seals to avoid strenuous physical activities.

'Three or four days prior to January 17, 1955, Dr. Witter learned of the demands being made on Captain Seals that he retire.His first information on this question came from Mrs. Seals.Following this, Captain Seals discussed the matter with the doctor.Dr. Witter testified that on this occasion Captain Seals was greatly upset and was obviously undergoing severe mental agitation and worry.He insisted that Captain Seals get away from his work and the local surroundings for a time and endeavor to cease worrying, or the results would be serious.Three or four days later on January 17, 1955, after Captain Seals had begun a short vacation from his active duties, he had this attack of anginal pains for which Dr. Witter treated him and from which he made a good recovery.It appears that between January 17 and January 21, 1955, Captain Seals visited his father in Franklinton, leaving Baton Rouge on the morning of the 18th and returning on the evening of the 20th.He suffered the fatal attack at his home on January 21, 1955, and died enroute to the hospital.

'Without further review of Dr. Witter's testimony it suffices to say he testified positively and unequivocally that mental agitation and worry over the probability of his forced retirement was the sole cause of Captain Seals' fatal heart attack.His testimony on that point is not contradicted to the slightest extent, and there does not appear to be any dispute about the matter.

'Dr. Witter's qualifications as a medical expert, his integrity, and his professional standing and reputation are unquestioned.This Court accepts his testimony as conclusive.

'The facts relative to the probable forced retirement of Captain Seals are reflected by certain documents filed in evidence in connection with the joint stipulations of the parties.

'For the year 1954 the city budgeted $3,000 to the police department for 'Physical Capacities Analysis.'This work was under the direction of Dr. Charles McVea, and eminent physical and surgeon of Baton Rouge.Prior to October 15, 1954, physical examinations were made by Dr. McVea or under his direction of a large number, possibly all, of the members of the police department, including Captain Seals.The actual physical examination of Captain Seals was made by Dr. Louis Mayer, an associate of Dr. McVea's and likewise an eminent physician and surgeon.Based on Dr. Mayer's examination, Dr. McVea reported to Shirley S. Arrighi, Chief of Police, that 'Captain Ernest Seals had a coronary thrombosis 3 years ago and was referred to Dr. Eugene Toups for investigation.He is not fit for duty except to do desk work.'This report with recommendations, along with reports and recommendation relative to various other members of the police department, was embodied in a letter of the Chief of Police to the mayor and city council under date of October 15, 1954.The chief called attention to the fact that Captain Seals had just completed twenty years of service and was eligible for retirement.He recommended that Captain Seals be given a disability pension.

'It is stipulated that Captain Seals was receiving a salary of $400 per month, and that his retirement benefits or disability pension, whichever it might be called, would be $200 per month.

'It is stipulated by the parties that if Chief Arrighi had been called as a witness he would have testified that he did not single Captain Seals out with demands for retirement.However, plaintiff declined to admit the correctness of such testimony.

'At a meeting of the City Council on December 29, 1954, the question of the admitted actuarial unsoundness of the police pension system was discussed and steps were outlines looking toward some remedy for this situation.The minutes of this meeting indicate that the members of the police department were aware of the unsoundness of their pension system, and since Captain Seals was one of the high ranking officers of the department, it is reasonable to assume he was aware of it.

'At the council meeting of December 29, 1954, a resolution was offered to provide funds to defray the additional cost of disability retirements recommended by the chief in his letter of October 15, 1954.This resolution was laid over for action on January 12, 1955.

'Under date of December, 30, 1954, the police civil service board forwarded a letter to Captain Seals which shows that he fell short of having twenty years service with the police department.

'At this state of the proceedings, under date of January 3, 1955, the Chief of Police forwarded to Captain Seals a letter reading as follows:

"In connection with your physical examination performed under the Physical Capacities Analysis program, it has been recommended that you be allowed to request your disability pension in accordance with the regulations of the Municipal Fire and Police Civil Service Board and the policy of the City of Baton Rouge.All personnel in the Police Department shall be physically fit at all times to perform the duties assigned them.

"If a request for disability pension is not received within a reasonable length of time, that is by January 15, 1955, it will be my duty to call your disability to the attention of the Civil Service Board for action.'

'On January 12, 1955, the city council adopted the resolution introduced on December 29, 1954, wherein it assured the trustees of the police pension fund that it would make available, as required, additional funds to defray the cost of the disability retirements in question.

'In my opinion this court is not called upon to determine whether the city authorities had the legal right to force Captain Seals to retire, nor to determine whether he was physically able to perform the duties of a police captain. Since the cause of his death has been established, it is necessary to determine whether this cause of his death was an accident arising out of and in the course of his employment.

'From the evidence it readily appears that the one single occurrence which was the direct cause of decedent's fatal heart attack was his receipt of the letter addressed to him by the chief of police under date of January 3, 1955, which letter is quoted in full hereinabove.The other related occurrences formed the background for the letter, but it was the letter itself which carred the tone of finality.If we have an accident here in the contemplation of the statute it is decedent's receipt of this letter on or about January 3, 1955, and not his heart attack of January 21, 1955.The heart attack was the fatal result of the alleged accident.SeeKraemer v. Jahncke Services, La.App., Orleans, 83 So.2d 916.

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