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Leday v. Safeway Ins. Co. of LA.11/17/2004
actice regarding its policy limits to substitute for actual evidence of UM status.
General Damages Award and Credit for Medical Payments
Safeway also objects to the trial court's award of $10,000.00 to Leday in damages as excessive, and asserts that the trial court should have given a credit for the $1,000.00 payment made to Leday under the Medical Payments portion of her contract. Our conclusion that the trial court was manifestly erroneous in failing to grant the Motion for Involuntary Dismissal renders moot our consideration of these other issues.
Motion to Strike
Leday attached certain documents, including affidavits and a declaration page from an Imperial insurance policy, to her appellate brief. Safeway, in turn, filed a Motion to Strike the attachments. The items Leday attached to her brief are not part of the trial court record. We cannot consider on appeal any evidence which is not part of the record. City of Eunice v. CLM Equip. Co., 505 So.2d 976 (La.App. 3 Cir. 1987). We, therefore, grant Safeway's Motion to Strike and do not consider these documents in our review.
IV. CONCLUSION
For the above reasons, the judgment of the trial court is reversed. All costs are assessed against plaintiff-appellee, Leslie Leday.
REVERSED AND RENDERED.
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