Peters v. Millbrook Distribution Services Co.

In their briefs, the parties discuss my special concurrence in Clark v. Davis Oil Co., 702 So.2d 481 (Ala.Civ.App.1997) (Monroe, J., specially concurring). In that concurrence, I expressed my awe at the trial court’s ability to distinguish between a 90% permanent disability and total disability under the evidence presented. In Clark, the plaintiffs vocational expert and his treating physician both found him to be totally disabled. However, in this case, unlike in Clark, no expert testimony was presented that would indicate that Peters was permanently and totally disabled. The highest…