American Home Assurance Co. v. Guevara

I agree with appellant that the jury finding on total and permanent incapacity is against the great weight of the evidence as to be clearly wrong and unjust.

Contrary to the conclusions of the majority, the record does not establish that ap-pellee was disabled to such an extent that he cannot obtain and keep employment.

While the testimony undoubtedly established that appellee has suffered some permanent partial incapacity, and that he cannot now perform heavy lifting and constant stooping such as he was performing when he was injured, the overwhelming evidence shows that appellee’s condition…