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Limbaugh v. Coffee Medical Center5/31/2000
Ct. App. 1996).
Applying the foregoing standard, we conclude that the evidence does not preponderate against the trial court's finding that Limbaugh's injuries were caused by Ray's assault and battery. We recognize that the record contains evidence to support Ray's version of events, just as the record contains evidence to support the Plaintiff's version. As the trier of fact, the trial court was required to consider the testimony presented by the parties and to decide which of the competing versions was more credible. While Ray's testimony provided a plausible explanation as to how the struggle between her and Limbaugh developed, significantly, Ray's version of events did not explain the source of Limbaugh's facial injuries. Ultimately, the trial court found that the weight of the evidence supported the Plaintiff's version of events, and, given the limited scope of our review, we are not in a position to second-guess the trial court's decision.
The trial court's judgment against the Medical Center is reversed. In all other respects, the trial court's judgment is affirmed, and this cause is remanded for further proceedings consistent with this opinion. Costs of this appeal are taxed one-half to the appellee, Eddie Brown Limbaugh, Executor of the Estate of Emma Ruth Limbaugh, and one-half to the appellee, Louise Ray, for which execution may issue if necessary.
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