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Safeco Insurance Co. of America v. Chrysler Corp.7/31/2002
have more elaborately set forth the specifics of the policy as urged by DaimlerChrysler, we find that the evidence submitted at trial was sufficient to satisfy that these facts were not seriously disputed and that DaimlerChrysler did not avail itself of the opportunity it had at trial to disprove any facts it contested. Thus, we find no serious dispute that these matters should have been admitted, and find this assignment of error to be without merit.
REDHIBITION AND THE LOUISIANA PRODUCTS LIABILITY ACT
The central issue in this case was whether the fire originated in the van. On appeal, DaimlerChrysler and Southern Chrysler both urge that the jury committed manifest error in finding that a defect in the van was the cause of the fire. They also urge that the trial court erred in finding a redhibitory defect and in awarding damages based on that finding because the jury did not find a redhibitory defect, and that the plaintiffs waived their claim in redhibition by failing to object to the verdict form which omitted the claim. DaimlerChrysler and Southern Chrysler further argue that the jury's finding of a manufacturing defect under the LPLA does not permit recovery under redhibition. They also argue that Safeco failed to plead redhibition and the Miotons' pleading in redhibition did not relieve Safeco of its pleading requirement, therefore, it had no right of action for attorneys' fees. Finally, they claim that Safeco failed to present evidence of its attorneys' fees, and that as a good faith seller, Southern Chrysler is not liable for consequential damages.
Finding of facts by the jury will not be disturbed in the absence of manifest error or unless it is clearly wrong. See Rosell v. ESCO, 549 So.2d 840 (La. 1989).
The appellate review of fact is not completed by reading only so much of the record as will reveal a reasonable factual basis for the finding in the trial court, but if the trial court or jury findings are reasonable in light of the record reviewed in its entirety, the court of appeal may not reverse even though convinced that had it been sitting as the trier of fact, it would have weighed the evidence differently. Id. at 844.
Though an appellate court may feel its own evaluations and inferences are more reasonable than the factfinder's, reasonable inferences of fact should not be disturbed upon review where conflict exists in the testimony. Id. " here two permissible views of the evidence exist, the factfinder's choice between them cannot be manifestly erroneous or clearly wrong." Stobart v. State, Through DOTD, 617 So.2d 880, 883 (La.1993). "The issue to be resolved by a reviewing court is not whether the trier of fact was right or wrong, but whether the factfinder's conclusion was a reasonable one." Id. at 882.
Questions one and two of the jury verdict form read as follows:
(1) Was there a defect in the manufacture of the Mioton vehicle when it left the control of the DaimlerChrysler Corporation?
Yes _______ No _______
(2) Was that defect the cause of the January 21, 1997 fire?
Yes _______ No _______
The jury placed check marks next to "yes" in response to both of these questions. Thus, the jury found that the fire was caused by defects in the van and that it originated there. We have reviewed the extensive evidence in this case and we cannot say that the jury was manifestly erroneous in finding that the cause of the fire originated in the van.
Jim Reichman, an attorney and neighbor of the Miotons, stated that, although he knew the Miotons, they did not socialize together and he had never been in their home before. He stated that, on the ni
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