Houser v. Bi-Lo, Inc.

Phil Houser (plaintiff) worked as a manager of a grocery store owned by Bi-Lo, Incorporated (defendant). Houser’s regular duties involved ordering stock and dealing with extra stock. One day, Houser discovered that an employee had ordered extra stock and went “ballistic.” Two employees indicated that Houser was highly upset and angered. However, it was not unusual for the store to receive extra stock at times. When Houser attempted to move one of the extra boxes, he suffered a stroke and was hospitalized. He recovered and eventually returned to light duty at the store. Less than two years later, Houser suffered a second stroke and died. However, he was not employed by Bi-Lo at the time. Houser’s neurologist, Dr. Wheatley, testified that Houser had several risk factors for stroke but that the stress of the incident contributed to his stroke. Further, Dr. Wheatley posited that the initial stroke predisposed Houser to the fatal stroke. Another neurologist, Dr. Scariano, indicated that the episode of anger over the extra stock was not a risk factor for stroke and the first stroke was not causally related to Houser’s employment. Dr. Scariano also indicated that the two strokes were of different types and had no causal connection. A forensic pathologist, Dr. Blake, who performed an autopsy on Houser testified that Houser died from a stroke and that the first stroke weakened Houser’s brain, so it was causally related to the second stroke. Houser’s wife, Sharon, filed a claim for workers’ compensation benefits against Bi-Lo. The trial court denied the claim because the ordering of extra stock was not an unusual occurrence. Sharon Houser appealed to the Tennessee Supreme Court.