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Browning v. Ringel2/24/2000
lifting. The court also made findings with respect to the number of prior injuries and ailments sustained by Browning as a result of the lifting requirements of her job. In making these findings, the court was entitled to draw reasonable inferences from all the evidence. See, e.g., Howes v. Curtis, 104 Idaho 563, 566, 661 P.2d 729, 732 (1983) (^the trial court could properly weigh all the evidence and draw permissible inferences which would enable him to find that appellant knew the loan exceeded the maximum statutory interest rate]); Cazier v. Economy Cash Stores, Inc., 71 Idaho 178, 186, 228 P.2d 436, 444 (1951) (^ ll reasonable inferences drawn by the trial court where it is a trier of the facts, from the evidence adduced, will be sustained on appeal.]). Thus, when considering the findings regarding Browning's pre-existing back condition, her propensity for headaches, her previous left arm and shoulder pain, and her history of chronic neck pain, a reasonable person could conclude that Browning, who was age 58 at the time of trial, would not have been able to continue in the position of single copy manager indefinitely. Rather, it is more probable than not, as the court stated, that it was her over-all physical condition (including a small portion attributable to the accident) which caused her to resign from that position in March 1995. Thus, we conclude that substantial and competent evidence supports this finding of the trial court.
We also hold that substantial and competent evidence supports the court's finding that Browning would probably not have been able to continue performing the duties of single copy manager later than January 1997, and thus no wage loss could be attributable to the accident from January 1997 forward. The court had before it voluminous medical records and testimony describing Browning's numerous physical infirmities and disabilities. That combined with the known factors of the physical demands and responsibilities of the single copy manager, which responsibilities include moving and lifting 140 pound newspaper racks and carrying bags of money weighing 40 to 50 pounds, could lead the court to draw inferences regarding when she would be unable to perform those tasks. In its memorandum opinion denying Browning's motion to alter or amend the court's findings of fact, the court stated: ^Suffice it to say that based upon all evidence adduced at trial, including evidence of witnesses regarding the physical demands of the single copy manager job , the Court, sitting as the trier of fact, found that other factors, such as the physical demands of the job, the plaintiff's age, her pre-existing physical condition (including her low back problem), disproved the plaintiff's theory that her physical problems which precluded her from continuing her job as single copy manager were entirely attributable to the accident.] Substantial and competent evidence thus exists to support the court's finding that it was more probable than not that no wage loss could be attributable to the accident from January 1997 forward.
D. The Trial Court's Finding That There Was Some
Slight Aggravation To The Pre-existing Low Back As A Result Of The Accident Is Specific Enough To
DETERMINE HOW THAT FACT ENTERED INTO THE COURT's Findings On Damages, And Is Specific Enough For Meaningful Appellate Review.
Browning argues the respondents are liable for the aggravation of her pre-existing low back pain, which stems from a 1991 work-related accident, and that the court's finding that she suffered a ^slight aggravation] as a result of the accident is not specific enough to determine how the court apportioned damages for this aggravation, and that it is not specific enough fo
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