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Froisy v. Salama2/28/2001
ood faith is factual in nature and therefore subject to the manifest error standard. The evidence is in conflict concerning what Dr. Salama remembers stating to the assistant coroner and what the coroner remembers. The trial court seems to have accepted the self-serving testimony of Dr. Salama and not the testimony of the assistant coroner. Although I might disagree with this assessment, the trial court's conclusion does not rise to the level of manifest error.
Thus, I concur in the result reached by the majority in this matter and would affirm the trial court's judgment.
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