# VI Prewett & Son, Inc. v. Brown

> Court of Civil Appeals of Alabama · August 20, 2004 · 896 So. 2d 564

URL: https://www.frixlaw.com/law-library/cases/9932563

## Case

- **Full name:** V.I. Prewett Son, Inc. v. Virginia Brown.
- **Court:** Court of Civil Appeals of Alabama
- **Decided:** August 20, 2004
- **Citations:** 896 So. 2d 564; 2004 Ala. Civ. App. LEXIS 626; 2004 WL 1858317
- **Precedential status:** Published
- **Opinion:** Dissent by Yates
- **Judges:** Murdock, Thompson, Yates
- **Cited by:** 5 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9932563

## Opinion text

I concur with the main opinion's conclusion regarding the burden of proof required in this case and with its affirmance of the trial court's finding Brown to be 48% permanently and partially disabled. I concur in the result as to the main opinion's determination that Prewett is entitled to a credit for the temporary partial-disability benefits it paid to Brown after she reached maximum medical improvement. I write to note that I dissented in Hedgemon v. United Parcel Service, Inc. , 832 So.2d 656 (Ala.Civ.App. 2002), a case relied on in the main opinion. However, the facts and circumstances of that case are distinguishable from those presented in this case and do not warrant my dissenting here as to the credit issue.

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9932563. Public record. Not legal advice.