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Youngblood v. Lee11/2/2005
a conclusion was clearly not a gross abuse of discretion considering the particular facts of this case and certainly not reversible error.
Sgt. Lee's negligence under La. R.S. 32:34
In another assignment of error, the appellants contend that the trial court committed reversible error when it found that Sgt. Lee acted with "reckless disregard for the safety of the public."
Standard of Review
An appellate court may reverse the findings of the trial court only when a reasonable factual basis does not exist for the finding and the finding is clearly wrong or manifestly in error. Stobart v. State, 617 So. 2d 880, 882 (La. 1993); Rosell v. ESCO, 549 So. 2d 840 (La. 1989); Pope v. Prunty, 37,395 (La. App. 2d Cir. 08/20/03), 852 So. 2d 1213, writ denied, 2003-2496 (La. 11/26/03), 860 So. 2d 1137. Though an appellate court may surmise that its own evaluations and inferences are reasonable, where there is conflict in the testimony, reasonable evaluations of credibility and reasonable inferences of fact should not be disturbed upon review. Goings v. State Through Dept. Of Public Safety and Corrections, 94-1386 (La. 01/17/95), 648 So. 2d 884; Pope, supra. When findings are based on determinations regarding the credibility of witnesses, the manifest error standard accords great deference to the trier of fact's findings, for only the fact finder 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 was said. Where a fact finder's conclusion is based on its decision to credit the testimony of one of two or more witnesses, that determination can virtually never be manifestly erroneous or clearly wrong. Rosell, supra; Pope, supra.
The task of the reviewing court is not to assess whether the trial court's factual findings are right or wrong in an absolute sense, nor to determine whether the court of appeal or another trier of fact might reasonably reach a different conclusion from the same evidence, but solely to ask whether this fact finder's resolution of the conflicting evidence was reasonable in light of the record as a whole. See Freeman v. Poulan/Weed Eater, 93-1530 (La. 01/14/94), 630 So. 2d 733.
Standard of care under La. R.S. 32:24
Louisiana R.S. 32:24 sets forth the privileges, conditions and the standard of care required by emergency vehicle drivers when responding to an emergency call. It provides:
A. The driver of an authorized emergency vehicle, when responding to an emergency call, or when in the pursuit of an actual or suspected violator of the law, or when responding to, but not upon returning from, a fire alarm, may exercise the privileges set forth in this Section, but subject to the conditions herein stated.
B. The driver of an authorized emergency vehicle may:
(1) Park or stand, irrespective of the provisions of this Chapter;
(2) Proceed past a red or stop signal or stop sign, but only after slowing down or stopping as may be necessary for safe operation;
(3) Exceed the maximum speed limits so long as he does not endanger life or property;
(4) Disregard regulations governing the direction of movement or turning in specified directions.
C. The exceptions herein granted to an authorized emergency vehicle shall apply only when such vehicle is making use of audible or visual signals sufficient to warn motorists of their approach, except that a police vehicle need not be equipped with or display a red light visible from in front of the vehicle.
D. The foregoing provisions shall not relieve the driver of an authorized vehicle from the
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