215 So. 2d 59 | Fla. Dist. Ct. App. | 1968
In this case suit was brought on an accident insurance policy and the question raised by the defendant was whether the death of insured was caused by automobile accident, directly and independently of any other cause. The case was tried without a jury and the primary evidence consisted of depositions of two doctors and some documentary evidence. The trial court found for the defendant as to the death benefits but entered judgment for the plaintiff as to medical payments, which were not contested by the defendant.
The defendant’s expert witness gave his opinion based solely upon the medical report of the attending physician, the death certificate and deposition of said doctor. His conclusion was that the insured did not die directly and independently of any other cause than the accident.
The trier of the facts having made his findings, it is not within our prerogative as an appellate court to substitute our judgment therefor if there appears competent evidence to support such findings.
In this case we find there was sufficient evidence to support the trial court’s findings of fact and therefore, the judgment as entered should be and is hereby
Affirmed.