Eura Dufrene v. Indemnity Insurance Company of North America

Fifth Circuit

Eura Dufrene v. Indemnity Insurance Company of North America

303 F.2d 788, 1962 U.S. App. LEXIS 5078

CourtCourt of Appeals for the Fifth Circuit

DecidedMay 17, 1962

Docket18950_1

StatusPublished

Cited by7 cases

This text of 303 F.2d 788 (Eura Dufrene v. Indemnity Insurance Company of North America) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Eura Dufrene v. Indemnity Insurance Company of North America, 303 F.2d 788, 1962 U.S. App. LEXIS 5078 (5th Cir. 1962).

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Opinions

PER CURIAM.

Appellant Eura Dufrene sustained serious injuries while working for B. T. Ritchie when the boom of a crane upon which appellant was employed collapsed and fell upon him. He made claim against his employer and has, since the time of his accident, been paid under the Workmen’s Compensation Laws of Louisiana (LSA-R.S. 23:1021 et seq.). This action was brought by appellant against appellee Indemnity Insurance Company of North America, the insurance carrier of [789]*789the manufacturer of the boom, based upon his claim that the boom was defective in design or manufacture. His case was submitted to a jury, which returned a verdict against him and in favor of appellee. Appellant’s chief attack upon the actions of the court below is based upon his contention that error was committed in the rulings of the trial court upon the testimony given by the experts relied upon by the respective parties.

The trial below developed largely into a battle between the experts. We do not find that the court below erred in admitting and rejecting their testimony. On the other hand, a careful examination of its rulings leads us to the conclusion that no such errors were committed as claimed by the appellant. Moreover, the handling of such minutiae of the trial was committed largely to the discretion of the trial judge.

It is clear that appellant’s chief complaint is that the jury accepted appellee’s expert testimony over that of appellant. This Court has consistently left to trial courts the choice as to which set of experts will be credited. Swift & Co. v. Morgan and Sturdivant, 5 Cir., 1954, 214 F.2d 115, 49 A.L.R.2d 924; New York Life Insurance Co. v. Johnston, 5 Cir., 1958, 256 F.2d 115; and Shofner v. Illinois Central Railroad Co., 5 Cir., 1962, 300 F.2d 188.

The case was fairly and fully presented to the jury by the court below and, under the scope of review of such cases uniformly followed by this court, cf. Greyhound Corporation v. Dewey, 5 Cir., 1957, 240 F.2d 899, we feel that the judgment entered upon the jury’s findings should be and it is

Affirmed.

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PER CURIAM.

Appellant Eura Dufrene sustained serious injuries while working for B. T. Ritchie when the boom of a crane upon which appellant was employed collapsed and fell upon him. He made claim against his employer and has, since the time of his accident, been paid under the Workmen’s Compensation Laws of Louisiana (LSA-R.S. 23:1021 et seq.). This action was brought by appellant against appellee Indemnity Insurance Company of North America, the insurance carrier of [789]*789the manufacturer of the boom, based upon his claim that the boom was defective in design or manufacture. His case was submitted to a jury, which returned a verdict against him and in favor of appellee. Appellant’s chief attack upon the actions of the court below is based upon his contention that error was committed in the rulings of the trial court upon the testimony given by the experts relied upon by the respective parties.

The trial below developed largely into a battle between the experts. We do not find that the court below erred in admitting and rejecting their testimony. On the other hand, a careful examination of its rulings leads us to the conclusion that no such errors were committed as claimed by the appellant. Moreover, the handling of such minutiae of the trial was committed largely to the discretion of the trial judge.

It is clear that appellant’s chief complaint is that the jury accepted appellee’s expert testimony over that of appellant. This Court has consistently left to trial courts the choice as to which set of experts will be credited. Swift & Co. v. Morgan and Sturdivant, 5 Cir., 1954, 214 F.2d 115, 49 A.L.R.2d 924; New York Life Insurance Co. v. Johnston, 5 Cir., 1958, 256 F.2d 115; and Shofner v. Illinois Central Railroad Co., 5 Cir., 1962, 300 F.2d 188.

The case was fairly and fully presented to the jury by the court below and, under the scope of review of such cases uniformly followed by this court, cf. Greyhound Corporation v. Dewey, 5 Cir., 1957, 240 F.2d 899, we feel that the judgment entered upon the jury’s findings should be and it is

Affirmed.

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303 F.2d 788, 1962 U.S. App. LEXIS 5078, Counsel Stack Legal Research, https://law.counselstack.com/opinion/eura-dufrene-v-indemnity-insurance-company-of-north-america-ca5-1962.

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