CUNNINGHAM V. SHELTON SECURITY SERVICE, INC. 46 S.W.3d 131 (2001) CASE BRIEF

CUNNINGHAM V. SHELTON SECURITY SERVICE, INC.

46 S.W.3d 131 (2001)

NATURE OF THE CASE: Shelton (D) appealed a reversal of a ruling that Cunningham's (P) heart attack was not compensable because the stress he had just experienced before an attack was not extraordinary.

FACTS: Cunningham, Sr. was employed by D as a security guard. Sr. was working as a guard assigned to a store. Sr. asked three young men to leave because they were attempting to shoplift. The suspected shoplifters 'talked back' to the Sr. and cursed at him. The verbal confrontation inside the store as 'very loud' and Sr. shouted at the individuals to leave the premises. Sr. followed the suspected shoplifters outside the store. They were yelling at each other. Sr. produced his billy club, but did not use it. The young men threatened to come back and kill Sr. This incident was a common occurrence for Sr. Sr. did not act overly concerned about the incident. A short time later, Sr. began to complain that he did not feel well. He began rubbing his arm. Then, he said that he felt 'funny and weird'; that he 'had never felt like that before'; and that he could not be still. Sr. went outside. A few minutes later, he was found unconscious in his car. He died before he reached the hospital. Sr. died from 'sudden cardiac death.' Sudden cardiac death can be caused by many things, both stressful and non-stressful, such as arrhythmia, myocardial infarction, a blood clot, and arteriosclerotic cardiovascular disease. Cunningham (P) filed suit seeking death benefits. At the close of P's proof, the trial court granted D's motion to dismiss because the emotional stress experienced by Sr. was 'not extraordinary nor was it unusual in comparison to the stress he ordinarily experienced in that type of job.' The Special Workers' Compensation Appeals Panel, reversed the trial court's dismissal. D filed a motion for full Court review of the Panel's decision.

ISSUE:

RULE OF LAW:

HOLDING AND DECISION:

LEGAL ANALYSIS:

Get free access to the entire content for Mac, PC or Online

for 2-3 days and free samples of all kinds of products.

https://bsmsphd.com

© 2007-2016 Abn Study Partner