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Street v. Louisiana Pacific Corp.9/18/2002
. Federated Rural Elec. Ins. Co., 642 So.2d 216 (La. App. 3 Cir. 1994); writ denied, 94-2803 (La. 1/27/95), 649 So.2d 384. However, damages for loss of support cannot be determined with mathematical certainty. Id.
Credibility determinations, including the evaluation of expert testimony, are factual issues to be resolved by the trier of fact. Quinn v. Wal-Mart Stores, Inc., 34,280 (La. App. 2 Cir. 12/6/00), 774 So.2d 1093, writ denied, 2001-0026 (La. 3/9/01), 786 So.2d 735. Where the testimony conflicts, the fact finder's reasonable evaluations of credibility and reasonable inferences of fact should not be disturbed upon review, even where the appellate court may feel that its own evaluations and inferences are more reasonable than those of the jury. Id.
In the instant case, and after reviewing the respective experts' deposition testimony and reports, the trial court accepted Dr. Rice's analysis and found in written reasons that $25,436 was the correct bench mark income for the purpose of calculating damages for loss of support to Street's family. We note that the trial court awarded loss of support damages only to the surviving spouse and to the four children who each received separate monthly child support checks from Street. The mothers of these children testified as to the amount of support Street paid. Speculation as to what could have happened to a decedent's job status after his death is not the proper inquiry. Nevertheless, Street's job skills and long work history prior to his death were the relevant factors for consideration in determining his work life earning potential which was lost as a result of the accident. From our review of the record, we find that the amounts awarded by the trial court for loss of support are not unreasonable. Accordingly, this assignment is without merit.
Conclusion
For the reasons set forth above, we affirm the ruling of the trial court. Costs of appeal in the amount of $500.00 is assessed to the City pursuant to La. R.S. 13:5112(A), with the balance of appellate costs charged to appellants.
AFFIRMED.
Appendix Not Available.
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