Baquet v. Jahncke Service, Inc.
Also decided on this docket: La. Ct. App. 1st Cir., September 24, 1962 145 So. 2d 395; La. Ct. App. 1st Cir., March 5, 1930 126 So. 591; La., July 15, 1876 28 La. Ann. 860
Baquet v. Jahncke Service, Inc., 144 So. 2d 483 (La. Ct. App. 1st Cir. 1962).
Authorities cited
Identified automatically; this list may not be exhaustive.
- Henderson v. New Amsterdam Casualty Company 80 So. 2d 438
- Keener v. Fidelity and Casualty Co. of New York 96 So. 2d 509
Opinion text
WILLIAM F. WOODS, Judge. This is a suit for workmen’s compensation benefits by a cement finisher, who alleged he fractured his right ankle on May 21, 1958, when he struck it on a steel crossbar as he slipped and fell from a ladder while in the course and scope of his employment by Jahncke Service, Inc. The only issue in the case is one of fact, which the trial court decided against the plaintiff and ordered his suit dismissed, from which judgment plaintiff brings this appeal. It is the contention of the plaintiff that this accident occurred on May 21, 1958, yet the record shows he did not seek medical attention until May 26, 1958, when he was admitted to the Veterans Hospital. On this occasion the plaintiff signed an application for admission to the Veterans Hospital in which he stated that on May 23, 1958, while walking through his carport in the evening, he “struck his right ankle against a cement flower pot.” Without going into the details of other numerous conflicting statements in the record, we find no error in the conclusion of the trial judge to the effect that plaintiff has failed to prove his case with legal certainty; Henderson v. New Amsterdam Casualty Co., La.App., 80 So.2d 438 ; Keener v. Fidelity & Casualty Co., La.App., 96 So.2d 509 . Therefore, the judgment of the lower court is affirmed at appellant’s cost.