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Lamb v. Berry12/28/2001
t confirm that any of the plaintiff's symptoms were caused by the accident. The trial court also stated that the video discredited the plaintiff's assertions of pain and physical limitations. Our standard of review in this type of case is well settled:
The trial court's factual findings are accorded great weight and may not be disturbed by a reviewing court in the absence of manifest error. Rosell v. Esco, 549 So. 2d 840 (La. 1989); Rodgers v. Brookshire Grocery Company 29,920 (La. App. 2d Cir. 10/29/97), 702 So. 2d. 11. To reverse a trial court's factual determinations, a court of appeal must find from the record that there is no reasonable factual basis for the findings and that the findings are clearly wrong or manifestly erroneous. Thompson v. Coates, 29,333 (La. App. 2d Cir. 5/7/97), 694 So. 2d 599, writs denied, 97-1442 (La. 9/26/97), 701 So. 2d 985 and 97-1521 (La. 9/26/97), 701 So. 2d 987. 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. Rosell, supra. Butler v. Doug's IGA, 34,232 (La. App. 2d Cir. 12/6/00), 774 So. 2d 1067.
Our review of the trial testimony, depositions and physical evidence submitted to the lower court reveals that the record supports the lower court's determination that the plaintiff had not carried her burden of proof. The only evidence of the plaintiff's pain is her self-serving testimony and the testimony of others to whom she had complained. The doctors were unable to present any explanation of why the plaintiff's pain would have been increased as a result of the accident. In fact, Dr. Spohn repeatedly stated that the objective studies and the plaintiff's subjective complaints were inconsistent. The video shows the plaintiff engaging in activities that she would have the court believe are painful or impossible. The record reveals a reasonable factual basis for the trial court's findings. The conclusions drawn by the trial court are well supported by the record and will not be disturbed on appeal.
CONCLUSION
The judgment of the trial court is affirmed. Costs of this appeal are assessed to the plaintiff/appellant.
AFFIRMED.
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