Lirette v. State Farm Ins. Co.

563 So. 2d 850, 1990 La. LEXIS 1410, 1990 WL 80822
CourtSupreme Court of Louisiana
DecidedJune 14, 1990
Docket90-C-0127
StatusPublished
Cited by219 cases

This text of 563 So. 2d 850 (Lirette v. State Farm Ins. 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
Lirette v. State Farm Ins. Co., 563 So. 2d 850, 1990 La. LEXIS 1410, 1990 WL 80822 (La. 1990).

Opinion

563 So.2d 850 (1990)

Ralph LIRETTE
v.
STATE FARM INSURANCE COMPANY.

No. 90-C-0127.

Supreme Court of Louisiana.

June 14, 1990.
Rehearing Denied September 5, 1990.

*851 Joseph L. Waitz and Huntington B. Downer, Jr., Waitz & Downer, Houma, for Ralph Lirette, plaintiff-applicant.

B. Frank Davis and Howard B. Kaplan, Bernard, Cassisa, Saporito & Elliott, Metairie, for State Farm Ins. Co. defendant-respondent.

DENNIS, Justice.[*]

In Canter v. Koehring Co., 283 So.2d 716 (La.1973) and Rosell v. ESCO, 549 So.2d 840 (La.1989), we held that findings by a trial court or a jury of fault and causation of damage in an action brought under Civil Code article 2315 are factual findings that may be overturned on appeal only if they are clearly wrong or manifestly erroneous. See also Arceneaux v. Domingue, 365 So.2d 1330 (La.1978). In this case, the Court of Appeal for the First Circuit concluded that there was such readily perceived error in a jury's finding of causation of damage and reversed. Because our review of the record convinces us that our appellate colleagues misapplied *852 the manifest error—clearly wrong standard, we reverse.

Facts and Procedural History

Ralph Lirette, plaintiff herein, and his wife Sharon entertained their friends, Liana Castells and Cary DeRoach in the Lirette's apartment one evening. The four played cards while having Amaretto in the living room until about 10:00 p.m. when Sharon Lirette retired to the bedroom. Lirette followed his wife, leaving Castells and DeRoach in the living room with two blankets. One of the blankets had been manufactured by a Spanish company and purchased from TG & Y. DeRoach left the apartment about 1:00 a.m. and Castells apparently fell asleep with the blanket on the sofa and a lit cigarette in her hand. The cigarette evidently started a fire in the sofa or the blanket. Lirette and his wife were awakened and noticed that their bedroom was full of smoke. Sharon Lirette rushed to the bathroom and opened a window for fresh air. Lirette, on the other hand, opened the door to the living room to see about Castells and was immediately overcome by the smoke, fumes or gases. Castells died as a result of the fire and Lirette suffered serious permanent damage to his lungs. Sharon Lirette escaped without harm.

Lirette filed suit naming State Farm Insurance Co., Liana Castells' insurer, and alleging that Castells' negligence was the cause of his injuries. Subsequently, plaintiff amended his petition to allege that his injuries had been caused by a defective, negligently fabricated or improperly labelled blanket manufactured in Spain. Plaintiff also named as defendants, TAC Industries Marketing, Inc., the distributor of the blanket and TG & Y Stores, the seller of the blanket. Plaintiff alleged that these defendants were negligent and/or strictly liable in failing to determine that the blanket had dangerous propensities and in failing to warn prospective consumers of them.

Prior to a trial on the merits, plaintiff settled with State Farm for the amount of its policy limits and State Farm was voluntarily dismissed from the lawsuit. During the trial, plaintiff was granted a directed verdict in his favor on the issue of contributory negligence. After the trial was completed, the jury returned a verdict in favor of the plaintiff and answered interrogatories finding that Castells, TAC and TG & Y were guilty of negligence that caused plaintiff's injuries. Additionally, the jury found that the blanket was defective and that the defect caused plaintiff's injuries. The jury attributed fault to the defendants in the following percentages: Castells 49%, TAC 28%, and TG & Y 23%. Plaintiff's damages were assessed at a total of $675,000.00. The trial court rendered judgment in accordance with the verdict.

The Court of Appeal reversed solely on the issue of causation, pretermitting all other issues. Lirette v. State Farm Ins. Co., 554 So.2d 1365 (La.App. 1st Cir.1989). We granted plaintiff's writ of certiorari to determine whether the Court of Appeal was correct in concluding that the jury was manifestly erroneous or clearly wrong in finding that the defective blanket caused plaintiff's injuries. Lirette v. State Farm Ins. Co., 558 So.2d 561 (La.1990).

Appellate Review of Fact

It is well settled that a court of appeal may not set aside a finding of fact by a trial court or a jury 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 upon review, even though the appellate court may feel that its own evaluations and inferences are as reasonable. Rosell v. ESCO, 549 So.2d 840, 844 (La.1989); Arceneaux v. Domingue, 365 So.2d 1330, 1333 (La.1978); Canter v. Koehring Co., 283 So.2d 716, 724 (La.1973).

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 fact finder 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. Rosell, supra at 844; Canter, supra at 724; Virgil v. American *853 Guarantee & Liability Ins. Co., 507 So.2d 825 (La.1987); Boulos v. Morrison, 503 So.2d 1 (La.1987).

The rule that questions of credibility are for the trier of fact applies to the evaluation of expert testimony, unless the stated reasons of the expert are patently unsound. Sistler v. Liberty Mutual Ins. Co., 558 So.2d 1106 (La.1990); Economy Auto Salvage v. Allstate Ins. Co., 499 So.2d 963 (La.App. 3d Cir.) writ denied, 501 So.2d 199 (La.1986); Thompson v. Tuggle, 486 So.2d 144 (La.App. 3d Cir.) writ denied, 489 So.2d 919 (La.1986); See Graver Tank & Mfg. Co. v. Linde Air Products, Co., 336 U.S. 271, 69 S.Ct. 535, 93 L.Ed. 672 (1949); Berger v. Iron Workers Reinforced Rodmen Local 201, 843 F.2d 1395 (D.C.Cir. 1988) cert. denied, ___ U.S. ___, 109 S.Ct. 3155, 104 L.Ed.2d 1018 (1989); W.S. Shamban & Co. v. Commerce & Industry Ins. Co., 475 F.2d 34 (9th Cir.1973); Hicks v. U.S., 368 F.2d 626 (4th Cir.1966); U.S. v. Springfield, 276 F.2d 798 (5th Cir.1960); Byron v. Gerring Industries, Inc., 328 N.W.2d 819 (N.D.1982); 9 Wright & Miller, Federal Practice and Procedure, § 2586 (1971).

Application of Review Standard by Court of Appeal

Application of the foregoing principles to the conflicting expert testimony and other evidence lays bare the Court of Appeal's error in its employment of the manifest error—clearly wrong standard. The appeals court improperly conducted what amounted to a de novo

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Bluebook (online)
563 So. 2d 850, 1990 La. LEXIS 1410, 1990 WL 80822, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lirette-v-state-farm-ins-co-la-1990.