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Lollis v. S&S Construction Co.

5/26/2005

decision reached by the finder of fact. The same analysis applies here. It is possible--and even plausible--that a sober operator might carelessly drive a bulldozer into a pit and thereby injure himself, but when the event occurs involving a grossly drunk operator, the logical inference cannot be escaped that the operator's muddled condition was the proximate cause of the accident.


Therefore, no matter whether this Court agrees or disagrees with the decision of the Full Commission, the Full Commission is the finder of fact. Having reviewed the record in detail, and listened to the arguments of counsel, this Court is unable to identify either a controlling error of law or the dearth of substantial evidence to support the decision below. Moreover, the decision below cannot be labeled as being either capricious or arbitrary.


For these reasons the decision of the Full Commission is affirmed.


The Court of Appeals, having adopted the decision of the circuit court as noted above, holds the judgment is AFFIRMED.


GOOLSBY, HUFF, and KITTREDGE, JJ., concur.






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