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Robinson v. Doe9/30/2002
dict a witness' story, or the story itself is so internally inconsistent or implausible on its face that a reasonable factfinder would not credit a witness' story, may the court of appeal find manifest error, even in a finding purportedly based upon a credibility determination. Id. at 1021; Rosell v. Esco, 549 So.2d 840, 844-45 (La. 1989).
The trial judge found that the vehicle was in fact not stolen at the time of the accident in question and, therefore, coverage was provided by the appellant, Allstate Insurance Company. It appears from the evidence and testimony that the trier of fact could have reached two diverse, but reasonable conclusions: 1) permission to drive the vehicle was given to the unidentified male; or 2) the vehicle had been stolen prior to the accident. Clearly, the trial court was in the best position to judge the evidence and the credibility of the witnesses. Accordingly, we find no manifest error. The judgment of the trial court is affirmed. Costs are assessed to the appellant, Allstate Insurance Company.
AFFIRMED
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