Harris v. Regional Transit Authority

662 So. 2d 134, 95 La.App. 4 Cir. 0282, 1995 La. App. LEXIS 2486, 1995 WL 574026
CourtLouisiana Court of Appeal
DecidedSeptember 28, 1995
DocketNo. 95-CA-0282
StatusPublished
Cited by5 cases

This text of 662 So. 2d 134 (Harris v. Regional Transit Authority) 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.

Bluebook
Harris v. Regional Transit Authority, 662 So. 2d 134, 95 La.App. 4 Cir. 0282, 1995 La. App. LEXIS 2486, 1995 WL 574026 (La. Ct. App. 1995).

Opinion

| iBYRNES, Judge.

Plaintiff, Lester Harris brought this claim against the defendants, the Regional Transit Authority and an unknown bus driver, for personal injuries allegedly sustained by Mr. Harris when a bus door closed on him. After a judge trial, the trial court found in favor of the defendants, dismissing plaintiffs claim. Plaintiff appeals. We affirm.

Plaintiff alleges that on his way to work as a butler on or about November 4, 1992 he was injured when a malfunctioning bus door closed too quickly when he tried to exit the bus, catching him and injuring him. He was not sure of the exact date. In ruling against the plaintiff, the trial judge in his reasons for judgment concluded that “absent positive proof that the accident actually occurred or a showing of causation, RTA simply cannot be held liable.”

I. FIRST ASSIGNMENT OF ERROR

Plaintiff contends that the trial court’s holding that no accident occurred was manifestly erroneous. Our standard of review is governed by the principles set forth in the following cases:

Jzl. Rosell v. ESCO, 549 So.2d 840, 844-845 (La.1989):

“Where there are two permissible views of the evidence, the factfinder’s choice between them cannot be manifestly erroneous or clearly wrong.... [Ajppellate courts must constantly have in mind that their initial review function is not to decide factual issues de novo.... When findings are based on determinations regarding the credibility of witnesses, the manifest error—clearly wrong standard demands great deference to the trier of fact’s findings; for only the factfinder 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 is said.... [Where] a factfinder’s finding is based on its decision to credit the testimony of one of two or more witnesses, that finding can virtually never be manifestly erroneous or clearly wrong.”

2. Stobart v. State through Dept. of Transp. and Development, 617 So.2d 880 (La.1993):

This court has announced a two-part test for the reversal of a factfinder’s determinations:
1) The appellate court must find from the record that a reasonable factual basis does not exist for the finding of the trial court, and
2) the appellate court must further determine that the record establishes that the finding is clearly wrong (manifestly erroneous).
[citation omitted]
This test dictates that a reviewing court must do more than simply review the rec[137]*137ord for some evidence which supports or controverts the trial court’s finding, [citation omitted] The reviewing court must review the record in its entirety to determine whether the trial court’s finding was clearly wrong or manifestly erroneous. Nevertheless, the issue to be resolved by a reviewing court is not whether the trier of fact was right or wrong, but whether the factfinder’s conclusion was a reasonable one. [citations omitted] Even though an appellate court may feel its own evaluations and inferences aré more reasonable than the factfinder’s, reasonable evaluations of credibility and reasonable inferences of fact should not be disturbed on appeal. [Emphasis added.]

| ^Although we accord deference to the factfinder, we are cognizant of our constitutional duty to review facts1, not merely to decide if we, as a reviewing court, would have found the facts differently, but to determine whether the trial court’s verdict was manifestly erroneous or clearly wrong based on the evidence, or clearly without evidentiary support. Ambrose v. New Orleans Police Dept. Ambulance Service, 93-3099 (La. 7/5/94), 639 So.2d 216, 221.

The reason for this well-settled principle of review is based not only upon the trial court’s better capacity to evaluate live witnesses (as compared with the appellate court’s access only to a cold record), but also upon the proper allocation of trial and appellate functions between the respective courts. Virgil v. American Guarantee and Liability Ins. Co., 507 So.2d 825 (La.1987); Canter v. Koehring Co., 283 So.2d 716, 724 (La.1973)

We find that the trial court correctly stated the burdens of proof to be borne by the parties:

As a common carrier, RTA is held to the highest degree of care and the slightest negligence causing injury to a fare-paying passenger, such as Lester Harris, will result in liability. Moreover, once proof .of injury to a fare paying passenger is established, the burden shifts to the defendant carrier to show that it is free from negligence; that is, the mere showing of injury to a fare-paying passenger on a public conveyance and his failure to reach his destination safely establishes a prima facie case of negligence and imposes the burden on the carrier of convincingly overcoming the prima facie case [which the trial court found that the RTA succeeded in doing in this case]. Golland v. New Orleans Public Service, Inc. 377 So.2d 84 (La.1979); Smith v. Regional Transit Authority, 559 So.2d 995 (La.App. 4 Cir.), writ denied 566 So.2d 986 (La.1990); McCullough v. Regional Transit Authority, 593 So.2d 731 (La.App. 4 Cir.1992). By contrast, a common carrier is not the insurer |4of its passengers’ safety and therefore not absolutely liable for their safety. Favorite v. Regional Transit Authority, 552 So.2d 487 (La.App. 4 Cir.1989); Smith, 559 So.2d at 997.

Prima facie evidence is defined as evidence sufficient to establish a given fact which, if not rebutted or contradicted, will remain sufficient. State v. Williams, 400 So.2d 575 (La.1981) and Humphries v. Louisiana Dept. of Public Works, Div. of Transp., 545 So.2d 610, 616 (La.App. 3 Cir.1989), writ den. 548 So.2d 1249 (La.1989).

Therefore, in effect, a mere prima facie showing by a fare paying passenger of injury on a public conveyance is sufficient to establish a prima facie ease of negligence on the part of the public conveyance.

The trial judge, in his written reasons for judgment showed clearly that he grasped these precepts, but went on to find that plaintiffs mere prima facie showing of injury to himself as a fare paying passenger on a public conveyance was successfully contradicted and rebutted by the RTA. In the face of the RTA’s countervailing evidence, the plaintiff had the burden of proving by a preponderance of the evidence that the accident had in fact occurred. The trial court found that the plaintiff failed to do so.

The RTA introduced evidence that they had received no report of the incident and that the maintenance records showed no malfunctioning door. These facts are even [138]*138more favorable to the RTA than those found by this Court in Smith v. Regional Transit Authority, 559 So.2d 995 (LaApp. 4 Cir. 1990), writ den. 566 So.2d 986 (La.1990). In Smith there was an allegation by the plaintiff that when he attempted to use the buzzer on a bus to signal a stop, it did not work. |sThis Court in Smith rejected that contention, relying on the maintenance reports for that bus which showed no problem with the buzzer system.

But the trial court in the instant case relied on more than the mere negative evidence to be found in the RTA claims records and maintenance reports.

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662 So. 2d 134, 95 La.App. 4 Cir. 0282, 1995 La. App. LEXIS 2486, 1995 WL 574026, Counsel Stack Legal Research, https://law.counselstack.com/opinion/harris-v-regional-transit-authority-lactapp-1995.