Burge v. State ex rel. Louisiana Department of Health & Human Resources

Louisiana Court of Appeal

Burge v. State ex rel. Louisiana Department of Health & Human Resources

469 So. 2d 1223, 1985 La. App. LEXIS 9720

CourtLouisiana Court of Appeal

DecidedMay 29, 1985

DocketNo. 84-CA-0371

StatusPublished

Cited by2 cases

This text of 469 So. 2d 1223 (Burge v. State ex rel. Louisiana Department of Health & Human Resources) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Burge v. State ex rel. Louisiana Department of Health & Human Resources, 469 So. 2d 1223, 1985 La. App. LEXIS 9720 (La. Ct. App. 1985).

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EDWARDS, Judge.

After a thorough review of the record and testimony, we are unable to conclude that the trial court’s judgment finding the parties to be equally at fault in causing the accident is clearly wrong or that the $13,-052.52 damage award to the plaintiffs is an [1224]*1224abuse of the trial court’s much discretion. Without a clear articulation of manifest error, under Arceneaux v. Domingue, 365 So.2d 1330 (La.1978) and Reck v. Stevens, 373 So.2d 498 (La.1979), we must not disturb the trial court’s findings or damage awards. For this reason and for the oral reasons assigned by the trial judge, we affirm.

Costs of this appeal are assessed against appellant in the amount of $50.00.

AFFIRMED.

SHORTESS, J., dissents with reasons.

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EDWARDS, Judge.

After a thorough review of the record and testimony, we are unable to conclude that the trial court’s judgment finding the parties to be equally at fault in causing the accident is clearly wrong or that the $13,-052.52 damage award to the plaintiffs is an [1224]*1224abuse of the trial court’s much discretion. Without a clear articulation of manifest error, under Arceneaux v. Domingue, 365 So.2d 1330 (La.1978) and Reck v. Stevens, 373 So.2d 498 (La.1979), we must not disturb the trial court’s findings or damage awards. For this reason and for the oral reasons assigned by the trial judge, we affirm.

Costs of this appeal are assessed against appellant in the amount of $50.00.

AFFIRMED.

SHORTESS, J., dissents with reasons.

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469 So. 2d 1223, 1985 La. App. LEXIS 9720, Counsel Stack Legal Research, https://law.counselstack.com/opinion/burge-v-state-ex-rel-louisiana-department-of-health-human-resources-lactapp-1985.

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