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David M. Woolin Son, Inc. v. McKain

District Court of Appeal of Florida, Third District
Apr 13, 1959
110 So. 2d 92 (Fla. Dist. Ct. App. 1959)

Opinion

No. 58-754.

March 26, 1959. Rehearing Denied April 13, 1959.

Edwin H. Underwood, Jr., and Wakefield Underwood, Miami, for petitioners.

Kelner Lewis, Miami, Burnis T. Coleman and Paul E. Speh, Tallahassee, for respondents.


Certiorari denied. See Foster v. Thornton, 113 Fla. 600, 152 So. 667; 119 Fla. 49, 160 So. 490; 125 Fla. 699, 170 So. 459.

CARROLL, CHAS., C.J., and HORTON, J., concur.

DREW, E. HARRIS, Associate Judge, concurs specially.


The crucial issue in this case cannot be decided on the testimony of the chiropractor and the medical doctor alone. There are other established facts which show, without material contradiction, an unbroken chain of circumstances and events which directly connect the injury with the death of the claimant; and the chain is a comparatively short one, with no patently weak links. An injury to the head January 23, 1957 followed by a series of headaches, nausea and confusion of mind, resulting in hospital confinement on January 31st and death on February 10th from cerebral hemorrhage. These facts, supported by the opinion of the chiropractor that death was the result of the injury were of greater probative force, in my opinion, than the expert opinion of the medical doctor to the contrary.

No objection was ever made as to the competency of the chiropractor's testimony. As a matter of fact, the record shows a ready acceptance of his qualifications by employer's counsel.

I am of the opinion that the Deputy Commissioner's findings were not only supported by substantial competent evidence that comports with logic and reason but that the clear preponderance of the evidence required such result.

I, therefore, concur in denial of certiorari.


Summaries of

David M. Woolin Son, Inc. v. McKain

District Court of Appeal of Florida, Third District
Apr 13, 1959
110 So. 2d 92 (Fla. Dist. Ct. App. 1959)
Case details for

David M. Woolin Son, Inc. v. McKain

Case Details

Full title:DAVID M. WOOLIN SON, INC., AND LIBERTY MUTUAL INSURANCE COMPANY…

Court:District Court of Appeal of Florida, Third District

Date published: Apr 13, 1959

Citations

110 So. 2d 92 (Fla. Dist. Ct. App. 1959)

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