 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Darbonne v. Wal-Mart Stores11/2/2000
the trial court. Linzay v. Haas Inv. Co., Inc., 576 So.2d 1178 (La.App. 3 Cir. 1991). Manifest error is the standard used by appellate courts to resolve conflicting factual evidence. Ambrose v. New Orleans Police Department Ambulance Service, et al., 93-3099 (La. 7/5/94); 639 So.2d 216. This means that where a reasonable factual basis exists for those findings, they should not be disturbed by the appellate court in the absence of manifest error. Linzay, 576 So.2d 1178. A court of appeal may set aside a trial court's or a jury's finding of fact if it finds that there was manifest error or if the decision was clearly wrong. Mistich v. Volkswagen, 95-0939 (La. 1/29/96); 666 So.2d 1073; Rosell v. ESCO, 549 So.2d 840 (La.1989); Arceneaux v. Domingue, 365 So.2d 1330 (La.1978). 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 if it is convinced that had it been sitting as the trier of fact, it would have weighed the evidence differently. Stobart v. State, Through DOTD, 617 So.2d 880 (La.1993); Housley v. Cerise, 579 So.2d 973 (La.1991); Sistler v. Liberty Mutual Ins. Co., 558 So.2d 1106 (La.1990). For the reviewing court, the issue to be resolved is not whether the trier of fact was wrong but whether the factfinder's conclusions were reasonable. Stobart, 617 So.2d 880; Theriot v. Lasseigne, 93-2661 (La 7/5/94); 640 So.2d 1305. Thus, where there is a conflict in the testimony, the trial court's reasonable evaluations of credibility and reasonable inferences of fact should not be disturbed upon review even if the appellate court may feel that its own evaluations and inferences are as reasonable. Arceneaux, 365 So.2d 1330; Watson v. State Farm Fire & Casualty Ins. Co., 469 So.2d 967 (La.1985).
The defendants argue that the manifest error standard of appellate review should not apply here because Mr. Nelson, plaintiff's expert, did not appear in court. Instead, his findings were offered and accepted into evidence by means of a written deposition. They argue that the use of a written document rather than a live witness defeats the very purpose of the manifest error standard of review. It is true that one of the rationales for the application of the manifest error-clearly wrong rule in factual determinations is that of the accordance of due deference to the fact finder in witness credibility determinations. Mistich v. Volkswagen of Germany, Inc. et al., 95-0939 (La. 1/29/96); 666 So.2d 1073; Rosell, 549 So.2d 840. Here, defendants argue, the trial court did not make a judgment as to the witness's demeanor and tone of voice which may bear on the listener's understanding and belief in what is said. However, Louisiana law applies the manifest error rule even when the evidence before the trier of fact consists solely of written reports, records and depositions. Shephard v. Scheeler, 96-1690 (La. 10/21/97); 701 So.2d 1308; Guaranty Bank and Trust Co. of Alexandria v. Holiday Inn of Leesville Partnership, 525 So.2d 638 (La.App. 3 Cir. 1988). Manifest error applies to all findings of fact regardless of the form of the evidence.
Further, the defendants argue that the manifest error standard of review should not apply because the trial court wrongly found that the evidence presented by the plaintiffs was sufficient to carry their burden of proof by a preponderance of the evidence. The defendants correctly argue that the sufficiency of the evidence is a legal issue and the manifest error rule applies only to issues of fact. The Louisiana Supreme Court has ruled that if a trial court commits legal error which interdicts the fact-finding process, the manifest error standard is no longer applicable, and, if the record is otherwise
Page 1 2 3 4 5 6 7 8 Louisiana Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|