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plaintiffdefendanttrialtestimony
plaintiffdefendantappealtrialtestimonyobjection

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Cortrim Mfg. Co. v. Smith, 570 S.W.2d 854

Facts

The plaintiff sought death benefits for her husband, an employee of the defendant, who died from a heart attack while at work. The husband had a history of heart disease but was reportedly well on the day of his death. He performed strenuous setup work on wood-working machines and experienced symptoms of illness shortly after starting his shift. Medical testimony indicated that the heart attack occurred during his work, and the court had to determine if his employment contributed to the fatal event.

The testimony indicates that the set up work was quite strenuous whereas the adjusting work, although it involved considerable stooping and bending and sometimes making adjustments close to the floor while the adjuster was on his knees, was not quite so strenuous.

Issue

Did the trial court err in allowing a hypothetical question regarding the causal connection between the employee's work activities and his heart attack?

The defendant has appealed asserting that the Chancellor erred in failing to sustain defendant's objection to a hypothetical question posed by the plaintiff to Dr. Ronald D. Caldwell, a heart specialist who testified on behalf of the plaintiff, and in finding that there was any causal connection between the death of the plaintiff's husband and his employment.

Rule

In workmen's compensation cases, a trial judge may base an award on medical testimony indicating that an incident 'could be' the cause of an injury, supported by lay testimony inferring that the incident was indeed the cause.

In a workmen's compensation case, a trial judge may properly predicate an award on medical testimony to the effect that a given incident ‘could be’ the cause of the plaintiff's injury, when he also has before him lay testimony from which it may reasonably be inferred that the incident was in fact the cause of the injury.

Analysis

The court found that the trial court did not err in allowing the hypothetical question posed to the medical expert, as the evidence supported the nature of the work performed by the decedent. The court emphasized that the physical exertion involved in the employee's work could have contributed to the heart attack, and the testimony from both medical and lay witnesses was sufficient to establish a causal link.

We have concluded also that the evidence is sufficient to support the finding of the Chancellor that the fatal heart attack suffered by the plaintiff's husband was, at least in part, caused or precipitated by the physical activity and exertion of his work on the morning of his death.

Conclusion

The Supreme Court affirmed the trial court's decision, concluding that the evidence supported the finding that the employee's heart attack was precipitated by his work activities.

We conclude, therefore, that the decree of the Chancellor must be affirmed.

Who won?

The plaintiff prevailed in the case because the court found sufficient evidence to establish a causal connection between her husband's work and his heart attack.

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