Easterly v. Beaulieu of America, Inc.

It is clear that the majority, by remanding for the trial court to find Easterly permanently totally disabled or to enter a "reasonable permanent partial disability" award, is substituting its judgment for that of the trial court. I must respectfully dissent.

As I pointed out in my dissent in Easterly I, the record contains extensive evidence that calls Easterly's credibility into question. See Easterly v. Beaulieu of America, Inc.,703 So.2d 397 (Ala.Civ.App. 1997) (Thompson, J., dissenting). The trial court noted the inconsistencies between Easterly's testimony and the pleadings and evidence.…