Brooks-Scanlon v. Lee

Brooks-Scanlon v. Lee, 44 So. 2d 650 (Fla. 1950)

Court: Supreme Court of Florida · State Highest Courts
Decided: February 21, 1950
Judges: Adams
Citations: 44 So. 2d 6501950 Fla. LEXIS 1286

Cited by 11 1 descriptions by later courts

Opinion

44 So.2d 650 (1950)

BROOKS-SCANLON, Inc. et al.

LEE et al.

Supreme Court of Florida, Special Division B.

February 21, 1950.

Keen, O'Kelley & Spitz and A. Frank O'Kelley, Tallahassee, for appellants.

T.T. Turnbull and William A. O'Bryan, Tallahassee, for appellees.

ADAMS, Chief Justice.

The only question here is whether appellee's deceased husband sustained an injury by "accident" within the meaning of our Workmen's Compensation Act.

All inferior tribunals found in the affirmative although the circuit court plainly indicated that the injury preceded any possible accident, if there was any accident. In City of Tallahassee v. Roberts, 155 Fla. 815 , 21 So.2d 712 , and cases cited there, we construed the statute (Sec. 440.01 et seq., Fla. Stat. 1941, F.S.A.) to the effect that to authorize an award there must be an accident preceding the injury. In other words, the injury itself cannot suffice for, or constitute, the accident.

This case is ruled by our decision in Cleary Brothers Construction Company v. Nobles, 156 Fla. 408 , 23 So.2d 525 . This case is distinguished from the several cases cited in Protectu Awning Shutter Company v. Cline, 154 Fla. 30 , 16 So.2d 342 ; Davis v. Artley Construction Company, 154 Fla. 481 , 18 So.2d 255 , by appellee for in those cases we found that there was an accident which preceded the injury.

The judgment is therefore

Reversed.

THOMAS, HOBSON, and ROBERTS, JJ., and TILLMAN, A.J., concur.

CHAPMAN, J., dissents.

TERRELL, J., not participating.

How later courts describe this case

Explanatory parentheticals written by citing courts — 1 in all; the most informative distinct ones are shown.

(cerebral hemorrhage while claimant lifted boards at a sawmill)

Zundell v. Dade Cnty. Sch. Bd., 609 So. 2d 1367 (Fla. Dist. Ct. App. 1992)

Cited by 11 cases

View all citing references →

Relies on it most ⓘ

Gray v. Employers Mut. Liability Ins. Co.64 So. 2d 650 (Fla. 1953)
Victor Wine & Liquor, Inc. v. Beasley141 So. 2d 581 (Fla. 1962)
Swan v. Williamson257 P.2d 552 (Idaho 1953)
McNeill v. Thompson53 So. 2d 868 (Fla. 1951)
Zundell v. Dade County School Bd.609 So. 2d 1367 (Fla. Dist. Ct. App. 1992)
Lewter v. Abercrombie Enterprises, Inc.82 S.E.2d 410 (N.C. 1954)

Most recent

Zundell v. Dade County School Bd.609 So. 2d 1367 (Fla. Dist. Ct. App. 1992)
State, Department of Agriculture v. Hinote442 So. 2d 297 (Fla. Dist. Ct. App. 1983)
Victor Wine & Liquor, Inc. v. Beasley141 So. 2d 581 (Fla. 1962)
Lewter v. Abercrombie Enterprises, Inc.82 S.E.2d 410 (N.C. 1954)
Gray v. Employers Mut. Liability Ins. Co.64 So. 2d 650 (Fla. 1953)
Vitale v. Haeser64 So. 2d 657 (Fla. 1953) · Dissent

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 5

Depth	Case	Cited by
	Protectu Awning Shutter Co. v. Cline, 16 So. 2d 342 (Fla. 1944)	39
	Davis v. Artley Constr. Co., 18 So. 2d 255 (Fla. 1944)	29
	Cleary Bros. Constr. Co. v. Nobles, 23 So. 2d 525 (Fla. 1945)	16
	City of Tallahassee v. Roberts, 21 So. 2d 712 (Fla. 1945)	10
	Cook v. Fed. Const. Co., 44 So. 2d 650 (Fla. 1949)	1

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