Springs Industries v. Lowe

Full title: Springs Industries v. Pamela D. Lowe

Court: Court of Civil Appeals of Alabama

Date published: Oct 8, 1999

770 So. 2d 103 (Ala. Civ. App. 1999)

Opinion

No. 2980740.

Decided October 8, 1999.

Appeal from Calhoun Circuit Court (CV-95-188).

Gregory L. Schuck of Huie, Fernambucq Stewart, L.L.P., Birmingham, for appellant.

Earl P. Enderwood, Jr., of Underwood Associates, P.C., Anniston, for appellee.

THOMPSON, Judge.

AFFIRMED. NO OPINION.

See Rule 53(a) (1) and (a) (2) (A), Ala.R.App.P.; City of Birmingham v. Business Realty Inv. Co., 722 So.2d 747 (Ala. 1998); W.W. Dyar Sons, Inc. v. Cochran, 693 So.2d 527 (Ala.Civ.App. 1997); Holmes v. Gold Kist, Inc., 673 So.2d 449 (Ala.Civ.App. 1995); Patterson v. Clarke County Motors, Inc., 551 So.2d 412 (Ala.Civ.App. 1989); and Elbert Greeson Hosiery Mills, Inc. v. Ivey, 472 So.2d 1049 (Ala.Civ.App. 1985).

Robertson, P.J., and Yates and Monroe, JJ., concur.

Crawley, J., concurs in part and dissents in part.

CRAWLEY, Judge, concurring in part and dissenting in part.

I concur in all parts of this court's opinion affirming the judgment, except for the calculation-of-benefits issue. I cannot agree that the employer cited no authority in support of its argument that the circuit court made an error in computing the benefits due the worker. The employer cited the life expectancy tables approved by the Alabama Legislature, as well as simple mathematical principles, to support its contention that the circuit court erred. I would address the merits of the employer's argument.