 |
 |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|
|
|
|
Hurdle and Son v. Holloway10/5/1999
e are satisfied that, even were it undisputed that Holloway's efforts would accrue to the personal benefit of the employing partner's son rather than to the farming operation itself, Holloway's efforts undertaken at the direction of the employing partner would necessarily be considered within the scope of his employment.
F. The Commission's finding that the blow-out was the cause of the accident.
. Hurdle and Son argues that the Commission's finding that Sam Hurdle's intoxication was not the cause of the accident was not supported by the evidence since Sam Hurdle testified that, although he thought the blow-out was what caused him to lose control, he could not say whether he could have avoided the accident if he had not previously consumed a number of beers. We have already discussed the resolution of this issue in Section V of this opinion. Certainly, there is evidence that would support a finding that the accident was due to Sam Hurdle's intoxication. Nevertheless, there was also evidence in support of a finding that equipment failure caused the accident. Sam Hurdle's inability - or refusal - to speculate as to the outcome of a hypothetical situation where he was faced with the same equipment failure but had not been drinking beer does not, of itself, undercut the evidence in this record that would support the Commission's findings. It is for that reason that we, as an appellate court reviewing the findings of fact of an administrative body, are without authority to substitute our opinion as to where the weight of the evidence might lie on the question for that of the administrative body. Natchez Equip. Co., 623 So. 2d at 273.
. For the foregoing reasons, we conclude that there is no basis to disturb the Commission's finding of compensability based on the six findings of fact disputed by Hurdle and Son.
. THE JUDGMENT OF THE CIRCUIT COURT OF MARSHALL COUNTY IS AFFIRMED. ALL COSTS OF THIS APPEAL ARE ASSESSED TO THE APPELLANTS.
KING AND SOUTHWICK, P.JJ., BRIDGES, DIAZ, IRVING, MOORE, PAYNE, AND THOMAS, JJ., CONCUR. LEE, J., CONCURS IN RESULT ONLY.
|