Travelers Ins. Co. v. Googe
| Decision Date | 06 December 1965 |
| Citation | 217 Tenn. 272,397 S.W.2d 368,21 McCanless 272 |
| Parties | , 217 Tenn. 272 The TRAVELERS INSURANCE COMPANY, Plaintiff in Error, v. Mrs. Evelyn Elliot GOOGE, Defendant in Error. |
| Court | Tennessee Supreme Court |
Hunter, Smith, Davis, Norris & Waddey, Ben C. Davis, Edwin L. Treadway, Kingsport, for plaintiff in error.
James W. Mitchell, Mitchell & Gilley, Kingsport, for defendant in error.
This proceeding was instituted by petitioner, Mrs. Evelyn Elliot Googe, under the Workmen's Compensation Act seeking benefits for the death of her husband, George Logan Googe, as a result of a heart attack while an employee of the International Printing Pressmen and Assistants' Union of North America. The defendant, The Travelers Insurance Company, and the insurance carrier of the Union, answered and denied petitioner's husband sustained an injury by accident arising out of his employment.
The trial judge filed a memorandum opinion in which he found the death of petitioner's husband arose out of and in the course of his employment and awarded petitioner a recovery.
Defendant has appealed to this Court and assigned four assignments of error. The first of which is: there is no material evidence of a causal connection between the employment of Deceased and his death by a heart attack.
In considering this assignment, we are limited in our review of the matter to ascertain if there is any material evidence in the record to support the finding of the trial judge. Brown Shoe Company v. Reed, 209 Tenn. 106, 350 S.W.2d 65 (1961); City of Gallatin v. Anderson, 209 Tenn. 392, 354 S.W.2d 84 (1962); Ward v. Commercial Ins. Co., 213 Tenn. 100, 372 S.W.2d 292 (1963).
Petitioner's husband was employed by the Union as Secretary-Treasurer. He resided in Atlanta, Georgia, and his office was also in that city.
The Union owns and maintains Pressman's Home in Hawkins County, tennessee.
On September 17, 1961, he came to Pressman's Home by train. He rented an apartment in the home. There is no proof in the record he was required by his employer to occupy this particular apartment while in Rogersville for a meeting of the Executive Board of the Union which was his purpose in coming to Pressman's Home.
He was furnished an officer in another building a short distance from his apartment.
On September 24, 1961, his wife, petitioner, their daughter and granddaughter arrived by automobile at Pressman's Home at eight thirty P.M.
Petitioner is a registered nurse and stated that when she arrived her husband was sitting on the steps of the Home. He was slumped over and appeared to be 'forlorn.'
Because of his appearance she would not allow him to assist her in carrying the luggage to the apartment.
Thereafter, about nine thirty P.M., Deceased suffered pain in his chest and stomach which lasted about thirty minutes.
After the pain subsided, he went to the club room in the Home to a meeting of the Executive Board. It was necessary for him to descend two 'huge' flights of steps from the apartment to the club room.
On Tuesday, September 26, 1961, when he came to the apartment for lunch, petitioner could observe he was tired and exhausted.
On Wednesday night about ten P.M., he suffered pain throughout his left side and arm. His breathing was short, although he would try to breathe deeply. This pain lasted for some time, but was over by midnight. He had been to lunch that day and worked at his office until five P.M. He had gone down to the club room to a meeting after he had dinner. He suffered pain in his side and arm after returning to the apartment.
On Thursday he went to his office in the morning. In midafternoon he called petitioner and told her he had made an appointment with Dr. E. M. Henderson for later in the afternoon.
Petitioner drove him to the Doctor's office in Rogersville. The Doctor made a routine examination of the patient. Mrs. Googe then drove her husband to their apartment and he rested for a while. Later he went down to the club room to meet with the other officers of the Union.
When he returned to the apartment, he watched television until a few minutes after eleven P.M. He then went to the bedroom and lay down.
Petitioner and her husband were planning on returning to their home in Atlanta the next morning after Deceased had finished some business.
Petitioner did some packing in preparation to leave the next morning. At about four A.M., on the morning of Friday, September 29, 1961, she noticed her husband was up and fully dressed. He had fallen asleep while he lay on the bed. However, he then undressed and went to bed.
Some time before eight A.M., petitioner awakened and touched her husband and he was 'cold and clammy.' She covered him and went back to sleep. A few minutes before eight A.M., she heard a gulping noise. He complained of pain in his chest and was having difficulty in breathing. She called for a doctor and an ambulance. But Mr. Googe died before either arrived.
Dr. W. E. Bibbons arrived about twenty minutes after Mr. Googe died. From the history given him by petitioner and an examination of the body, he signed a death certificate which stated the death was due to myocardial infarction, acute and severe.
Dr. E. M. Henderson examined Deceased in the late afternoon of Thursday, September 28, 1961. He stated the patient's history included an episode of pain at his office on the previous afternoon and a re-occurrence the same night. From the history given to him by the patient and his examination, he diagnosed his condition to be a coronary artery disease or hardening of the heart arteries. He advised the patient to enter a hospital that night.
Dr. William P. Templeton in answer to a hypothetical question was of the opinion the stress and strain of his work could or might have precipitated his heart attack. On cross examination he stated it was not speculative to say there was a causal connection between Decedent's employment and his fatal heart attack from the history of his suffering and the conditions under which it was necessary for him to perform his duties while at Pressman's Home.
We have set forth the facts most favorable to petitioner. It is insisted for petitioner these facts, coupled with the testimony of Dr. Templeton, Decedent's employment could or might have brought on his fatal heart attack supports the finding of the trial judge there was a causal connection between his employment and the fatal heart attack.
In support of this contention, emphasis is placed upon the fact it was necessary for Decedent to ascend and descend two flights of stairs to...
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