Ex Parte Veazey, 637 So. 2d 1348 (Ala. 1993). · Go Syfert
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Ex Parte Veazey, 637 So. 2d 1348 (Ala. 1993). Cases Citing This Book View Copy Cite
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cited 32× by 25 distinct cases, last quoted 2001 · 2 courts↓ Fading · …where one reasonable view of the evidence supports the trial court's judgment, the judgment must be upheld, even if another, perhaps better reasoned, view of the evidence might have dictated a different outcome. at p. 1349 ✓
cited 3× by 3 distinct cases, last quoted 1995 · …wjhere one reasonable view of the evidence supports the trial court's judgment, the judgment must be upheld, even if another, perhaps better reasoned, view of the evidence might have dictated a different outcome. at p. 1349 ✓
99 citation events (5 in the last 25 years) across 2 distinct courts.
Strongest positive: Andrews v. Andrews (ala, 2009-05-22)
Treatment trajectory · 1993 → 2026 · click a year to view as-of
1993 2009 2026
Top citers, strongest first. 24 distinct citers. How cited ↗
discussed Cited as authority (rule) Andrews v. Andrews (2×)
Ala. · 2009 · confidence medium
Co. v. Motley, 909 So.2d 806, 821 (Ala.2005); Ex parte Fann, 810 So.2d 631, 633 (Ala.2001); Ex parte Byars, 794 So.2d 345, 347 (Ala.2001); Ex parte Veazey, 637 So.2d 1348, 1349 (Ala.1993); Ex parte Devine, 398 So.2d 686, 696-97 (Ala.1981); Amberson v. Long, 998 So.2d 1078, 1079 (Ala.Civ.App.2008); Mullis v. Mullis, 994 So.2d 934, 941-42 (Ala.Civ.App.2007); Leopold v. Leopold, 955 So.2d 1031, 1034 (Ala.Civ.App.2006); McClelland v. McClelland, 841 So.2d 1264, 1269 (Ala.Civ.App.2002); Courtright v. Courtright, 757 So.2d 453, 456 (Ala.Civ.App.2000); Allegro v. State ex rel.
discussed Cited as authority (rule) G. UB. MK. Constructors v. Carson
Ala. · 2001 · confidence medium
In Ex parte Veazey, 637 So.2d 1348, 1349 (Ala.1993), this Court held: "Where one reasonable view of the evidence supports the trial court's judgment, the judgment must be upheld, even if another, perhaps better reasoned, view of the evidence might have dictated a different outcome." Further, this Court has stated, "`In reviewing the judgment of a trial court, this Court will not presume error and will affirm the trial court's judgment if it is supported by any valid legal ground.'" McKenzie Methane v. M-W Drilling, 653 So.2d 982, 984 (Ala.1995), quoting Marvin's, Inc. v. Robertson, 608 So.2d 3…
discussed Cited as authority (rule) Benton v. Winn-Dixie Montgomery, Inc.
Ala. Civ. App. · 1997 · confidence medium
Ex parte Eastwood Foods, Inc., 575 So.2d 91 (Ala.1991). ‘Where one reasonable view of the evidence supports the trial court’s judgment, the judgment must be upheld, even if another, perhaps better reasoned, view of the evidence might have dictated a different outcome.” Ex parte Veazey, 637 So.2d 1348, 1349 (Ala.1993).
cited Cited as authority (rule) Church v. Uniroyal Goodrich Tire Co.
Ala. Civ. App. · 1997 · confidence medium
Ex parte Veazey, 637 So.2d 1348, 1349 (Ala.1993).
discussed Cited as authority (rule) Shop-A-Snak Food Mart, Inc. v. Penhale
Ala. Civ. App. · 1997 · confidence medium
"Where one reasonable view of the evidence supports the trial court's judgment, the judgment must be upheld, even if another, perhaps better reasoned, view of the evidence might have dictated a different outcome." Ex parte Veazey, 637 So.2d 1348, 1349 (Ala.1993).
discussed Cited as authority (rule) Lowe v. City of Bayou La Batre
Ala. Civ. App. · 1997 · confidence medium
“Where one reasonable view of the evidence supports the trial court’s judgment, the judgment must be upheld, even if another, perhaps better reasoned, view of the evidence might have dictated a different outcome.” Ex parte Veazey, 637 So.2d 1348, 1349 (Ala.1993).
discussed Cited as authority (rule) Bunkley v. Bunkley Air Conditioning, Inc.
Ala. Civ. App. · 1996 · confidence medium
“Where one reasonable view of the evidence supports the trial court’s judgment, the judgment must be upheld, even if another, perhaps better reasoned, view of the evidence might have dictated a different outcome.” Ex parte Veazey, 637 So.2d 1348, 1349 (Ala.1993).
cited Cited as authority (rule) Lambert v. Saginaw Division, General Motors Corp.
Ala. Civ. App. · 1996 · confidence medium
Ex parte Veazey, 637 So.2d 1348, 1349 (Ala.1993).
discussed Cited as authority (rule) Sanders v. Dunlop Tire Corp.
Ala. Civ. App. · 1996 · confidence medium
Furthermore, our supreme court has held: "Where one reasonable view of the evidence supports the trial court's judgment, the judgment must be upheld, even if another, perhaps better reasoned, view of the evidence might have dictated a different outcome." Ex parte Veazey, 637 So.2d 1348, 1349 (Ala. 1993).
discussed Cited as authority (rule) Dunlop Tire and Rubber Corp. v. Jackson
Ala. Civ. App. · 1995 · confidence medium
“Where one reasonable view of the evidence supports the trial court’s judgment, the judgment must be upheld, even if another, perhaps better reasoned, view of the evidence might have dictated a different outcome.” Ex parte Veazey, 637 So.2d 1348, 1349 (Ala.1993).
discussed Cited as authority (rule) King v. Vermont American Corp.
Ala. Civ. App. · 1995 · confidence medium
Additionally, "[w]here one reasonable view of the evidence supports the trial court's judgment, the judgment must be upheld, even if another, perhaps better reasoned, view of the evidence might have dictated a different outcome." Ex parte Veazey, 637 So.2d 1348, 1349 (Ala.1993).
discussed Cited as authority (rule) Webb Oil Co., Inc. v. Holmes
Ala. Civ. App. · 1995 · confidence medium
Further, “[wjhere one reasonable view of the evidence supports the trial court’s judgment, the judgment must be upheld, even if another, perhaps better reasoned, view of the evidence might have dictated a different outcome.” Ex parte Veazey, 637 So.2d 1348, 1349 (Ala.1993).
discussed Cited as authority (rule) Bolding v. Fluorocarbon Co.
Ala. Civ. App. · 1995 · confidence medium
“Where one reasonable view of the evidence supports the trial court’s judgment, the judgment must be upheld, even if another, perhaps better reasoned, view of the evidence might have dictated a different outcome.” Ex parte Veazey, 637 So.2d 1348, 1349 (Ala.1993).
discussed Cited as authority (rule) Golden Poultry Co., Inc. v. Roper
Ala. Civ. App. · 1995 · confidence medium
Further, “[wjhere one reasonable view of the evidence supports the trial court’s judgment, the judgment must be upheld, even if another, perhaps better reasoned, view of the evidence might have dictated a different outcome.” Ex parte Veazey, 637 So.2d 1348, 1349 (Ala.1993).
discussed Cited as authority (rule) Perkins v. Champion International Corp.
Ala. Civ. App. · 1995 · confidence medium
Further, “[w]here one reasonable view of the evidence supports the trial court’s judgment, the judgment must be upheld, even if another, perhaps better reasoned, view of the evidence might have dictated a different outcome.” Ex parte Veazey, 637 So.2d 1348, 1349 (Ala.1993).
discussed Cited as authority (rule) Nagem v. Russell County
Ala. Civ. App. · 1995 · confidence medium
In Ex parte Veazey, 637 So.2d 1348, 1349 (Ala.1993), our supreme court stated the following: “Where one reasonable view of the evidence supports the trial court’s judgment, the judgment must be upheld, even if another, perhaps better reasoned, view of the evidence might have dictated a different outcome.” In order to reach a determination in a workmen’s compensation case, the trial court may consider and interpret to its own best judgment all the evidence presented at the hearing, as well as its own observations of the witnesses.
discussed Cited as authority (rule) Central LP Gas, Inc. v. Walls
Ala. Civ. App. · 1995 · confidence medium
Further, “[wjhere one reasonable view of the evidence supports the trial court’s judgment, the judgment must be upheld, even if another, perhaps better reasoned, view of the evidence might have dictated a different outcome.” Ex parte Veazey, 637 So.2d 1348, 1349 (Ala.1993).
discussed Cited as authority (rule) Clark v. Russell Corp.
Ala. Civ. App. · 1995 · confidence medium
If such evidence is found, then the reviewing court determines whether any reasonable view of that evidence supports the trial court's judgment." "Where one reasonable view of the evidence supports the trial court's judgment, the judgment must be upheld, even if another, perhaps better reasoned, view of the evidence might have dictated a different outcome." Ex parte Veazey, 637 So.2d 1348, 1349 (Ala. 1993).
discussed Cited as authority (rule) Kewish v. Alabama Home Builders Self Insurers Fund
Ala. Civ. App. · 1995 · confidence medium
Further, if the trial court's judgment is supported by one reasonable view of the evidence, it must be affirmed, "even if another, perhaps better reasoned, view of the evidence might have dictated a different outcome." Ex parte Veazey, 637 So.2d 1348, 1349 (Ala.1993). [1] Workmen's compensation laws are intended to serve a beneficent purpose and should be liberally construed in favor of the injured employee to accomplish this purpose.
discussed Cited as authority (rule) Blue Water Catfish, Inc. v. Hall (2×)
Ala. Civ. App. · 1995 · confidence medium
We are aware of the rule that, "Where one reasonable view of the evidence supports the trial court's judgment, the judgment must be upheld, even if another, perhaps better reasoned, view of the evidence might have dictated a different outcome." Ex parte Veazey, 637 So.2d 1348, 1349 (Ala. 1993).
discussed Cited as authority (rule) Robinson v. Huntsville Hospital
Ala. Civ. App. · 1994 · confidence medium
“Where one reasonable view of the evidence supports the trial court’s judgment, the judgment must be upheld, even if another, perhaps better reasoned, view of the evidence might have dictated a different outcome.” Ex parte Veazey, 637 So.2d 1348, 1349 (Ala.1993).
discussed Cited as authority (rule) Hollar Oil Co. v. Bryant
Ala. Civ. App. · 1994 · confidence medium
“Where one reasonable view of the evidence supports the trial court’s judgment, the judgment must be upheld, even if another, perhaps better reasoned, view of the evidence might have dictated a different outcome.” Ex parte Veazey, 637 So.2d 1348, 1349 (Ala.1993).
discussed Cited as authority (rule) Roberts v. Veazey
Ala. Civ. App. · 1994 · confidence medium
In reversing the judgment of this court, our supreme court held that “[w]here one reasonable view of the evidence supports the trial court’s judgment, the judgment must be upheld, even if another, perhaps better reasoned, view of the evidence might have dictated a different outcome.” (emphasis added) Ex parte Veazey, 637 So.2d at 1349.
cited Cited "see, e.g." Sloss Industries Corp. v. Hoefflicker
Ala. Civ. App. · 1994 · signal: see also · confidence low
See also Ex parte Veazey, 637 So.2d 1348 (Ala.1993).
Retrieving the full opinion text from the archive…
Ex Parte Larry Veazey. (Re Roosevelt Roberts
v.
Larry Veazey).
1920586.
Supreme Court of Alabama.
Sep 24, 1993.
637 So. 2d 1348
Michael M. Eley and Bart Harmon of Webb, Crumpton, McGregor, Davis Alley, Montgomery, for petitioner. Joel S. Rogers III of Rogers and Waid, Clanton, for respondent. Lonette Lamb Berg and Lawrence T. King of Harris, Evans, Berg, Morris Rogers, P.C., Birmingham, for amici curiae Alabama Self-Insured Worker's Compensation Fund, Supervalu, Inc., and Kent Corp. John J. Coleman III and Marcel L. Debruge of Balch Bingham, Birmingham, for amicus curiae Business Council of Alabama. Charles F. Carr, Deborah Alley Smith, and Rhonda K. Pitts of Rives Peterson, for amici curiae Alabama Self Insurers Ass'n, American Mining Ins. Co., Alabama Retail Ass'n Self Ins. Fund, Alabama Roofing, Sheet Metal, Heating, and Air Conditioning Contractors Ass'n, Alabama Home Builders Self-Insurers Fund, Alabama Hosp. Ass'n Workers' Compensation Self-Insured Fund, Alabama Oilmen's Ass'n/Alabama Ass'n of Convenience Stores Workers' Compensation Self Ins. Fund, Associated Gen. Contractors Self Insuranced Fund, Ass'n of County Commissions of Alabama Self Insurers Fund, Automobile Dealers Ass'n of Alabama Workers' Compensation Self Insurance Fund, Municipal Workers Compensation Fund, Inc., Alabama Nursing Home Ass'n Self Ins. Trust, Alabama Automotive Wholesalers Workers' Compensation Self-Insurers Fund, Children's Hosp. of Alabama, State Auto Group, O'Neal Steel, State Farm Fire Cas., Fontaine Truck Equipment Co., Seaman Timber Co., Inc., Browning Ferris Industries of Alabama, Inc., Oliver Transp., Inc., Wal-Mart Stores, Inc., Penn Nat. Ins. Co., Webb Wheel Products, Inc., Professional Business Owners Ass'n, CNA Ins. Co., and Overnite Transp. Co. Page 1349
Ingram, Kennedy.
Cited by 76 opinions  |  Published

Lead Opinion

The plaintiff, Roosevelt Roberts, appealed to the Court of Civil Appeals from a judgment awarding him workers' compensation benefits for a partial disability. Roberts argued that the trial court erred because, he said, he had been entitled to a judgment against his employer, the defendant, Larry Veazey, based on a finding of total disability. The Court of Civil Appeals agreed and reversed the judgment of the trial court, 637 So.2d 1345. Veazey petitioned this Court for a writ of certiorari, which was issued. The issue on our review is whether the Court of Civil Appeals afforded the trial court's judgment the proper deference.

In Ex parte Eastwood Foods, Inc., 575 So.2d 91, 93 (Ala. 1991), we discussed the proper standard for appellate review of a workers' compensation case:

"Initially, the reviewing court will look to see if there is any legal evidence to support the trial court's findings. If such evidence is found, then the reviewing court determines whether any reasonable view of that evidence supports the trial court's judgment."

Consistent with this standard, a reviewing court is to determine not whether it would have found Roberts — unquestionably the victim of tragic misfortune — to be totally disabled, but whether the lesser degree of disability found by the trial court is supported by legal evidence, "any reasonable view of [which] supports the . . . judgment." (Emphasis added.) Where one reasonable view of the evidence supports the trial court's judgment, the judgment must be upheld, even if another, perhaps better reasoned, view of the evidence might have dictated a different outcome.

The record indicates that Roberts, approximately 36 years old, was working as a pulp-wood logger when he suffered an on-the-job injury that resulted in the amputation of his left leg above the knee. He also suffered injuries to his neck, shoulder, and back, which continue to cause him pain. Roberts has a ninth-grade education, has no technical training, and has never been employed, except as a laborer. He has an I.Q. of 94 and has no driver's license. According to one expert at trial, Roberts, by virtue of his injuries, has lost access to approximately 84 percent of the jobs that he had previously had access to. It is undisputed that Roberts is no longer able to work in the types of jobs he previously held.

Roberts's vocational rehabilitation expert testified that Roberts has a vocational disability rating of 62 to 63 percent. Veazey's expert testified that Roberts's vocational disability rating was 55 percent. Roberts's physician, Dr. Kyung O. Yoon, testified that Roberts had a permanent physical impairment of 36 percent to the body as a whole. All three witnesses stated that there were jobs that Roberts could do, and both vocational rehabilitation experts stated that such jobs were in fact available to Roberts.

The trial court held that Roberts has a 65 percent disability, and ordered compensation for a period of 300 weeks. Certainly, as to the first prong of Eastwood Foods — whether there was "any legal evidence to support the trial court's findings" — we must conclude that there was evidence from which the trial court could find a 65 percent disability. As to the second prong of the Eastwood Foods standard — "whether any reasonable view of that evidence supports the trial court's judgment" (i.e., only where no reasonable view of the evidence would support the trial court's judgment should the judgment be disturbed) — one could reasonably view the testimony of the two vocational rehabilitation experts and Robert's physician as supporting the trial court's judgment.

Based on the foregoing, the judgment of the Court of Civil Appeals is reversed, and the cause is remanded.

REVERSED AND REMANDED.

MADDOX, ALMON, SHORES and HOUSTON, JJ., concur.

INGRAM, J., dissents.

Dissent

The majority concludes that the Court of Civil Appeals erred in applying the workers' compensation standard in the present case. After reviewing the record, I believe that the *Page 1350 Court of Civil Appeals correctly held that Roberts had suffered a total disability. This Court should follow its ruling inEx parte Eastwood Foods, Inc., 575 So.2d 91 (Ala. 1991), where it affirmed the judgment of the Court of Civil Appeals in a case like this one. However, the facts of Roberts's situation are much more disturbing than the facts in Eastwood. Roberts's leg amputation will restrict him from walking for longer than 20 minutes, running, carrying more than 20 pounds, and climbing. Clearly, these are the requirements of working in pulpwood and manual labor, the only occupation he has known. Total disability does not mean entire physical disability; instead, it is the inability to perform one's trade or to obtain reasonably gainful employment. Wright v. Goodyear Tire Rubber Co., 591 So.2d 518 (Ala.Civ.App. 1991).

Because no reasonable view of the facts in this case can support any conclusion other than that Roberts is totally disabled, I respectfully dissent.