The JSC as a trier and finder of fact
, needed to delve deeper into the allegations facing Abdalllah and balance the material availed by the Parties before retiring the claimant.
The appellate court acknowledged that King had argued that there was "adequate evidence to get to a finder of fact
that this damage was caused by vibration -- not settling," but said that was not the case here.
The appellate court determined that the use of the sales comparison approach coupled with testimony alleging noise, bright lights, and other disruptions were sufficient to potentially lead a finder of fact
to determine Toyo's operations were a nuisance and trespass.
W]hat the finder of fact
is asked to determine is not whether the defendant did it, but whether the proposition that the defendant did it is established, to the required degree of proof, by the admissible evidence presented; in other words--subject to the legal constraints signaled by the phrases "to the required degree of proof' and "admissible evidence"--to make an epistemological appraisal.
Accordingly, although the Hospital may have won the battle in having the District Court's order granting summary judgment reversed by the Supreme Court of Nebraska, there is no guarantee that a finder of fact
will view the evidence any different than the District Court.
Even if the valuation analysis is 100% correct, it may not be persuasive to a finder of fact
if it is not understandable to a layperson.
litigated cases that require clarification of the parties' agreement, including the terms to be interpreted, rival interpretations advanced by the parties, and the choice between the rival interpretations by a finder of fact
He explained, "Since State Farm has offered no evidence which would allow the finder of fact
to make a reasonable determination of the amount of the total loss that is attributable exclusively to water damage, I find that State Farm has riffled to meet its burden of proof as to the extent of the damage caused by water, and since the Broussards have established by stipulation that they sustained a total loss of their dwelling and its contents as a result of Hurricane Katrina, a covered windstorm peril, I find that State Farm is liable to the plaintiffs for the limits of coverage under the policy, the sum of $211,222.
The dissenting judge pointed out that a reversal of a lower court's decision on an essentially factual issue (such as debt versus equity) is uncommon; she also acknowledged that it would not have been unreasonable for a finder of fact
to have ruled either way.
The court held, inter alia, that as the ultimate finder of fact
, the Board resolved all credibility issues in favor of the employer.