Gen. Ins. Corp. v. Wickersham

In Gen. Ins. Corp. v. Wickersham, 235 S.W.2d 215 (Tex. Civ. App.--Fort Worth 1950, writ ref'd n.r.e.), the Court held that sufficient evidence supported the trial court's judgment awarding death benefits. See 235 S.W.2d at 219. Wickersham was a restaurant janitor, and the evidence reflected that he fell at his employer's premises, striking his head and causing fatal injuries. Id. at 217. The Court assumed for purposes of our opinion that Wickersham's fall was caused by a dizzy spell, and we noted the trial court's findings of fact that Wickersham's head "certainly struck the tile floor," that his head may have struck a door hinge or cigar counter, that he suffered a fractured skull from the blow to one of those objects, and that the fracture caused his death. Id. After considering cases from other jurisdictions, we stated, "We can find no sound reason for denying a recovery where the fall is to the floor, when recovery is allowed where the fall is from a ladder, or platform or similar place, or into a hole, or against some object such as a table, machine, or post." Id. at 219. The Dallas Court of Appeals held in Bush that sufficient evidence supported the jury's finding that Bush was injured in the course and scope of her employment. See 667 S.W.2d at 562. Bush, a food service worker at Terrell State Hospital, felt faint, was placed on a stretcher, and was taken to the emergency dock. Id. at 560. At the emergency dock, a set of the stretcher's wheels failed to lock, and Bush fell toward the ground, injuring her head and neck. Id. at 560-61. The parties agreed that high blood pressure was the underlying cause of Bush's fainting and that the fall on the stretcher was the source of the injury to her head and neck. Id. at 561. The State argued on appeal that "because no evidence was presented to connect the fainting to any conditions of the work place, the fall from the stretcher was not within the scope and course of employment." Id.