Mountain States Const. Co. v. Aragon, 14184
| Citation | 1982 NMSC 58, 647 P.2d 396, 98 N.M. 194 |
| Case Date | May 07, 1982 |
| Court | Supreme Court of New Mexico |
Plaintiff, Steve Aragon (Aragon) brought an action under the Workmen's Compensation Act for a job-related injury. The trial court found that Aragon's injury was a scheduled injury for the loss of use of one hand, dexterous member. The Court of Appeals reversed, holding that since Aragon suffered atrophy of the arm as the result of the injury to the hand, Aragon was totally or partially disabled and remanded the case for a hearing to make a finding on "the degree of partial disability to which (Aragon) is entitled." We granted certiorari, and we reverse the Court of Appeals.
The record shows that the trial court considered Aragon's claims and heard the evidence of all the experts. There is substantial evidence to support the trial court's findings that Aragon's injury was not a "separate and distinct" injury that may permit recovery under the holding in our case of Am. Tank & Steel Corp. v. Thompson, 90 N.M. 513, 565 P.2d 1030 (1977). See Newhoff v. Good Housekeeping, Inc., 94 N.M. 621, 614 P.2d 33 (Ct.App.), cert. denied, 94 N.M. 674, 615 P.2d 991 (1980).
On appeal, we must view the evidence in a light most favorable to support the findings and conclusions of the trial court. The trial court will not be reversed unless the findings and conclusions cannot be supported by the evidence or by permissible inferences therefrom. First National Bank of Santa Fe v. Wood, 86 N.M. 165, 521 P.2d 127 (1974); Lewis v. Barber's Supermarkets, Inc., 72 N.M. 402, 384 P.2d 470 (1963). Appellate courts do not weigh conflicting evidence. Worthey v. Sedillo Title Guaranty, Inc., 85 N.M. 339, 512 P.2d 667 (1973).
It is for the factfinder and not the reviewing courts to weigh conflicting evidence. Duke City Lumber Company, Inc. v. Terrell, 88 N.M. 299, 540 P.2d 229 (1975).
In the light of established case law in this State, it is our opinion that the Court of Appeals was in error when it went beyond a review of the record to determine whether the findings of fact of the trial...
To continue reading
Request your trial
-
Cano v. Lovato, s. 7915
...P.2d 468 (1977), and all reasonable inferences in support of the findings will be indulged. Mountain States Construction Co. v. Aragon, 98 N.M. 194, 647 P.2d 396 (1982). There is no dispute on appeal that N.M. Title was the closing agent for the Estate and Lovato, and was, additionally, to ......
-
Garcia v. Middle Rio Grande Conservancy Dist., 5790
...13, 636 P.2d 284 (1981). We are mindful of the standard of appellate review set out in Mountain States Construction Company v. Aragon, 98 N.M. 194, 647 P.2d 396 (1982): "On appeal, we must view the evidence in a light most favorable to support the findings and conclusions of the trial court......
-
Estate of Gardner, Matter of, 12748
...suggests that we reweigh the evidence. "Appellate courts do not weigh conflicting evidence." Mountain States Constr. Co. v. Aragon, 98 N.M. 194, 195, 647 P.2d 396, 397 (1982). Rather, we view the evidence in the light most favorable to support the district court's findings and conclusions, ......
-
1997 -NMSC- 2, Sanders v. Rosenberg, 22871
...the trial court's decision to disqualify Sanders, it will not be disturbed on appeal. See Id.; Mountain States Constr. Co. v. Aragon, 98 N.M. 194, 195, 647 P.2d 396, 397 12 The trial court held a hearing on the disqualification motion on March 20, 1994. The documentary evidence before the c......