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Clement v. Fulton4/8/2005
trial court's finding based on conflicting evidence," there is no conflicting evidence in this case. Even if Dr. Kiraly's report was insufficiently specific to support Clement's position that Mary would have lived no more than one year, the expert report certainly placed the question of Mary's life expectancy in dispute and so precluded the trial court from accepting as undisputed Fulton's position that Mary could expect to have a normal life span. In light of Dr. Kiraly's admitted report and the total dearth of evidence that Mary Fulton would have a normal life expectancy, the trial court's surmise that Mary Fulton might live longer than predicted by the experts because " n many instances, proper medical treatment may bring many diseases into remission, or prolong the life of the afflicted" is simply not supported by the record. Thus, I would hold that the trial court's apparent determination that Mary Fulton would have had a normal life expectancy was clear error, and would remand the case for a determination of her life expectancy and reallocation of the settlement proceeds in accordance with that finding.
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