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Hayes v. Maxey12/28/2001
Myers, 32,633 (La. App. 2d Cir. 1/16/2000), 750 So. 2d 388, this court noted that factual findings, including those on the issue of causation, cannot be disturbed on appeal unless they are manifestly erroneous. The appellate court does not assess whether the district court's factual findings were right or wrong but asks whether the fact-finder's resolution of the conflicting evidence was reasonable, in light of the record as a whole. When testimony on an issue conflicts, reasonable evaluations of credibility and inferences of fact should not be disturbed, even if the appellate court concludes that its own factual evaluations and inferences are as reasonable as those made by the trial court. The trial court's factual findings must be given great deference because the fact-trier has the superior capacity to assess the credibility of witnesses; only the finder of fact can be aware of the variations in demeanor and tone of voice that bear so heavily on the listener's understanding and belief in what is said. Currie, supra.
The City of Shreveport's first contention on appeal is that the trial court erred in failing to apply La. R.S. 32:76 which states:
A. No vehicle shall at any time be driven to the left side of the highway under the following conditions:
(2) when approaching within one hundred feet of or traversing any intersection or railroad grade crossing;
B. The foregoing limitations shall not apply upon a one-way roadway or a multiple lane highway nor to the driver of a vehicle turning left into or from an alley, private road or driveway.
In the city's view, the trial court's finding that there was ample room for the Maxey car to pull alongside the stopped bus within the nineteen foot wide west-bound lane of Laurel effectively converted Laurel to a multiple lane highway to which 32:77 is inapplicable. Contrary to the city's assertion that the trial court made an error of law, the trial court's conclusion was based upon its factual findings that the events leading to the collision all took place within the west bound lane. Maxey did not drive on the left side of the roadway. Likewise, the city's argument that Maxey violated La. R.S. 32:77 by crossing the double yellow line on Laurel was the cause of the accident was rejected based upon the trial court's foregoing factual finding.
However, the trial court reasonably and correctly determined that the simple and sole cause of this accident was the failure of the bus driver to look to his left and see what he should have seen. Had he carefully examined his left side, rear-view mirror and/or looked to his left along the side of the bus he would have seen Maxey's vehicle alongside the bus before he pulled away from the curb and began his turn. The impact would not have occurred. The trial court's evaluations of credibility and inferences of fact were reasonable, supported by this record and entitled to great deference.
DECREE
Therefore, the judgment of the trial court is AFFIRMED with appellate costs (including preparation of the record for appeal) of $807.60 assessed against the City of Shreveport pursuant to La. R.S. 13:5112.
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