Galloway v. Employers Casualty Co.

Supreme Court of Louisiana

Galloway v. Employers Casualty Co.

260 So. 2d 322, 261 La. 542, 1972 La. LEXIS 5135

CourtSupreme Court of Louisiana

DecidedApril 18, 1972

DocketNo. 52332

StatusPublished

This text of 260 So. 2d 322 (Galloway v. Employers Casualty Co.) is published on Counsel Stack Legal Research, covering Supreme Court of Louisiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Galloway v. Employers Casualty Co., 260 So. 2d 322, 261 La. 542, 1972 La. LEXIS 5135 (La. 1972).

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Opinion

On the facts found by the Court of Appeal, there is no error of law.

BARHAM, J., is of the opinion the writ should be granted. TATE, J., is of the opinion the writ should be granted. Although thé stofé management testified as to its policy of periodic inspection, the trier of fact found no such inspections were made, noting also the failure to call employees to corroborate such testimony. The court of appeal was in error in accepting self-serving testimony, not accepted as truthful by the trier of fact, at least without a considered explanation.

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On the facts found by the Court of Appeal, there is no error of law.

BARHAM, J., is of the opinion the writ should be granted. TATE, J., is of the opinion the writ should be granted. Although thé stofé management testified as to its policy of periodic inspection, the trier of fact found no such inspections were made, noting also the failure to call employees to corroborate such testimony. The court of appeal was in error in accepting self-serving testimony, not accepted as truthful by the trier of fact, at least without a considered explanation.

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Bluebook (online)

260 So. 2d 322, 261 La. 542, 1972 La. LEXIS 5135, Counsel Stack Legal Research, https://law.counselstack.com/opinion/galloway-v-employers-casualty-co-la-1972.