Opinion
1961217.
August 22, 1997.
Petition for Writ of Certiorari to the Court of Civil Appeals (Tuscaloosa Circuit Court, CV-94-803; Court of Civil Appeals, 2950663); Robert B. Harwood, Jr., Judge.
Christopher H. Jones of Zeanah, Hust, Summerford, Davis Jones, L.L.C., Tuscaloosa, for petitioner.
William J. Donald III of Donald, Randall, Donald Tipton, Tuscaloosa, for respondent.
WRIT DENIED. NO OPINION.
MADDOX, ALMON, SHORES, COOK, BUTTS, and SEE, JJ., concur.
HOOPER, C.J., and HOUSTON, J., dissent, with opinion by HOOPER, C.J.
The trial court did not err in finding that Skelton had not proved medical causation and thus did not err in denying benefits. See my dissent in Ex parte Trinity Industries, Inc., 680 So.2d 262, 272 (Ala. 1996). Certainly we are obligated to defer to the trial judge on close calls regarding the sufficiency of the evidence. I cannot say the evidence relied upon by the trial judge was insufficient.
I must respectfully dissent.
HOUSTON, J., concurs.