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Campbell v. City of Booneville9/26/2002
as well. Contrary to his assertion, we are not persuaded that expert testimony concerning the primary cause of the accident was required. His own testimony concerning his conduct on the evening in question and Dr. Olash's testimony concerning the effect that a 0.14 blood alcohol level would have had on an individual's ability to drive safely formed the basis for the finding in the employer's favor. After reviewing those testimonies, we are persuaded that the finding was supported by substantial evidence and that the decision was properly affirmed on appeal.
The decision of the Court of Appeals is affirmed.
Lambert, C.J., Cooper, Johnstone, Keller, Stumbo, and Wintersheimer, JJ., concur.
Graves, J., dissents by separate opinion.
DISSENTING OPINION BY JUSTICE GRAVES
Respectfully, I dissent. In my opinion, the Administrative Law Judge made a morally judgmental finding of fact which lacks a legally sufficient basis.
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