Legal Opinion · Dissent

Skelton v. Uniroyal Goodrich Tire Co.

Court of Civil Appeals of Alabama

Decided March 7, 1997No. 2950663Published

1DissentCrawley, Judge

I dissent because the worker failed to prove by substantial evidence medical causation. The trial court found:

“The law places the burden on the Plaintiff to prove, by substantial evidence, both legal causation and medical causation. Legal causation is stipulated, but medical causation, after all is said and done, is simply left to conjecture. It is possible that the job injury of December 6th, 1993 caused the disc to bulge and that it subsequently herniated as the result of a natural progression and deterioration. That is just a possibility, however, under the medical testimony. At least…

2Cases cited4 opinions

  1. Blue Water Catfish, Inc. v. HallCourt of Civil Appeals of Alabama · 1995
  2. Duval v. StateDistrict Court of Appeal of Florida · 1997
  3. Ex Parte Harsco Corp.Supreme Court of Alabama · 1997
  4. Eddy v. Dunlop Tire & Rubber Corp.Court of Civil Appeals of Alabama · 1987

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