 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Lemonia v. Lafayette Parish Consolidated Government2/2/2005
AFFIRMED.
The vehicle owner and the driver of vehicle involved in accident with police vehicle filed suit alleging property damage and personal injury . Finding that there has been no showing of error on the part of the trial court and that the plaintiffs have failed to prove "reckless disregard" on the part of the officer, we affirm.
Facts and Procedural History
This case arises out of a motor vehicle accident that occurred on September 28, 2001 at the intersection of Morgan Street and South St. Antoine Street in Lafayette, Louisiana. Officer Kevin Moore was in pursuit of a stolen vehicle when he was involved in accident with a vehicle being driven by Joseph Savoy. Savoy was cited for failure to yield for a stop sign. Fabiola Lemonia, the alleged owner of the vehicle driven by Savoy, brought suit against Lafayette Parish Consolidated Government for her property damages, and Savoy brought suit for personal injuries.
A bench trial was held on April 19, 2004 before Judge Patrick L. Michot. There was conflicting testimony as to whether Savoy was stopped at the stop sign on Morgan Street waiting to turn or whether he had already begun his turn when he was struck by the police vehicle being driven by Officer Moore. Savoy testified and the prior testimony of Pamela Allen, a witness to the accident, was introduced. Additionally, Officer Moore testified and the prior testimony of Officer Marc Comeaux, the responding Patrol Supervisor who had retired and moved out of the jurisdiction by the time of trial, was introduced. Fabiola Lemonia did not appear at trial.
When Plaintiffs rested their case, the defense moved for involuntary dismissal. Said motion was granted as to the property claim of Lemonia but denied as to the personal injury claim of Savoy. At the close of all the evidence, the judge ruled from the bench in favor of the defense, finding that Savoy's version of the accident had no credibility and that the physical evidence showed that the accident occurred as Officer Moore described. Judgment in accordance with that ruling was signed on May 6, 2004.
Lemonia and Savoy appealed asserting several errors in the trial court's factual findings.
Discussion
The proper standard of review in this case is "manifest error." Rosell v. ESCO, 549 So.2d 840 (La.1989). Here Plaintiffs are challenging only the trial court's findings of fact and make no complaint as to the application of La.R.S. 23:24. Thus, this Court cannot set aside the trial court's findings of fact in the absence of "manifest error" or unless it is "clearly wrong," and where there is conflict in the testimony, reasonable evaluations of credibility and reasonable inferences of fact should not be disturbed on review, even though the appellate court may feel that its own evaluations and inferences are reasonable. Id.
In his oral reasons for judgment, Judge Michot stated that:
he physical evidence shows that the accident was, as the witness Kevin Moore, described it, that it occurred in the intersection, not at the stop sign. And the debris, the point of impact, the damage to the vehicle was the entire front of the policeman's vehicle was damaged and the front left of the driver's side of plaintiff's vehicle, centering somewhere around the wheel of plaintiff's vehicle. The plaintiff's version just simply has no credibility at all, and especially in light of the fact -- in addition to plaintiff claims sixteen (16) visits to the hospital at five hundred dollars ($500.00) a visit, and the evidence was contrary to that, the hospital records.
With respect to Savoy's claims for personal injury, La.R.S. 23:24 governs the
Page 1 2 Louisiana Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|