refusing to consider argument asserted by dependent of deceased worker that trial court applied incorrect evidentiary standard in ruling on employer's summary-judgment motion because dependent failed to raise issue before trial court
How later courts described this case
- refusing to consider argument asserted by dependent of deceased worker that trial court applied incorrect evidentiary standard in ruling on employer's summary-judgment motion because dependent failed to raise issue before trial court
Written by the judges who cited it.
The opinion
BRYAN, Judge,
concurring in the result.
I agree with the main opinion that a review of Dr. Smith’s testimony does not establish the necessary evidence to demonstrate that the employee’s job activities contributed to his death. Rather, as the main opinion states, “the dependent offered nothing more than evidence of mere possibilities that would only serve to ‘guess’ the employer into liability.” 34 So.3d at 1269.