Alexander v. Wal-Mart Stores, Inc.

Having carefully reviewed the deposition and medical notes of Dr. Harris, I conclude that the majority has incorrectly applied the standard of review to finding of fact number 20. The crucial portion of the finding, which is quoted entirely in the majority opinion, says that “The greater weight of the evidence establishes that plaintiff’s ruptured disc was a result of his accident on April 8, 1999. Dr. Harris’ testimony, taken as a whole, establishes that it was ‘likely’ that the rupture occurred during the accident.” Because the evidence does support this finding, I respectfully dissent.

Altho…