Ramos v. USAgencies Casualty Insurance Co.

136 So. 3d 338, 13 La.App. 5 Cir. 685, 2014 WL 766400, 2014 La. App. LEXIS 501
CourtLouisiana Court of Appeal
DecidedFebruary 26, 2014
DocketNo. 13-CA-685
StatusPublished
Cited by1 cases

This text of 136 So. 3d 338 (Ramos v. USAgencies Casualty Insurance Co.) 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
Ramos v. USAgencies Casualty Insurance Co., 136 So. 3d 338, 13 La.App. 5 Cir. 685, 2014 WL 766400, 2014 La. App. LEXIS 501 (La. Ct. App. 2014).

Opinion

ROBERT A CHAISSON, Judge.

|2In this case involving an automobile accident, Elvin 0. Ramos, appeals from a judgment of the trial court rendered in favor of USAgeneies Casualty Insurance Company, dismissing his lawsuit. For the reasons that follow, we affirm the judgment of the trial court.

FACTS AND PROCEDURAL HISTORY

Plaintiff, Elvin 0. Ramos, alleged in his petition that on February 25, 2011, he parked his car, a 2001 Honda Civic, between the sidewalk and the street of his house on Alton Street in Jefferson Parish. As he was still sitting in his car with the door partially open, a white 1996 Ford E-150 van passed him and pulled all the way up into the adjoining driveway. In an apparent attempt to turn around, the white van backed out of the driveway and hit the left side of Mr. Ramos’s car. The impact caused the partially open door to close on Mr. Ramos’s left arm. A few days later, Mr. Ramos started to feel soreness and pain in his left arm. On March 2, 2011, Mr. Ramos went to a doctor with complaints of pain to his left shoulder, left hip/thigh, neck, and back. He thereafter underwent treatment at Physician’s Total Rehabilitation for approximately five to six months.

| aAs a result of the damages allegedly sustained in the automobile accident, Mr. Ramos filed suit against USAgeneies Casualty Insurance Company, the insurer of the Ford van; Sixto Tolentino, the owner of the vehicle; and Luis Serrano, the driver of the vehicle. Mr. Tolentino and Mr. Serrano were dismissed from the proceed[340]*340ings, and the matter proceeded to a judge trial against USAgencies on April 28, 2012. After considering the evidence presented, the trial judge rendered judgment in favor of USAgencies and against Mr. Ramos. The trial judge specifically found that the plaintiff failed to carry his legal burden of proof that an accident and/or injury occurred; that the accident alleged did not occur and, if it did occur, it was staged; and that the plaintiff participated in a systematic, intentional fraud with his testimony constituting insulting perjury upon the Court.1 A written judgment to that effect was signed on May 3, 2012.

Mr. Ramos now appeals. He basically raises two issues. First, Mr. Ramos contends that the trial court erred when it permitted evidence of his immigration status, as this information was irrelevant and prejudicial to him. Second, Mr. Ramos challenges the factual findings of the trial court.

EVIDENCE OF PLAINTIFF’S IMMIGRATION STATUS

In his appellate brief, Mr. Ramos contends that the trial court erred in permitting evidence of his illegal status in this country. Pursuant to questioning by defense counsel, Mr. Ramos stated that he was born in Honduras. Defense counsel then asked Mr. Ramos his status in the United States. Mr. Ramos’s attorney objected on the basis of relevancy. In response to this objection, defense counsel replied, “I think it is relevant if someone will break the law to personally benefit l4it’s an issue as it is in this case.” The court thereafter allowed the question regarding Mr. Ramos’s status in the United States. Mr. Ramos responded that he is “illegal.”

Mr. Ramos now contends that the trial court erred in allowing evidence of his immigration status because it had no bearing on his right to recover compensation and further had no bearing on his credibility. Mr. Ramos asserts that the improper admission of this evidence prejudiced the trial court against him and rendered it impossible for the trial court to make an impartial determination; therefore, the trial was tainted by the admission of this irrelevant evidence, and the judgment must be reversed. We find no merit to this argument.

“Relevant evidence” means evidence having any tendency to make the existence of any fact that is of consequence to the determination of the action more probable or less probable than it would be without the evidence. LSA-C.E. art. 401. Whether evidence is relevant is within the sound discretion of the trial court and an appellate court will not disturb that ruling in the absence of clear abuse of that discretion. Kim v. Kim, 07-318 (La.App. 5 Cir. 10/30/07), 970 So.2d 1158, 1163.

We first note that the complained of evidence does not appear relevant to the determination of Mr. Ramos’s case. However, even if the trial court erred in admitting it as relevant, it was harmless error because there is no indication in the record that the trial court was biased against Mr. Ramos based on this evidence.

[341]*341This case was tried before a judge rather than before a jury. A trial judge, unlike a jury, is well versed in the rules of evidence, and is, therefore, trained to give the appropriate weight to evidence and to evaluate evidence without bias. Raiford v. U.S. Industries/Ames Lawn & Garden Tools, 05-0815 (La.App. 4 Cir. 5/3/06), 929 So.2d 288, 291-92, writ denied, 06-1615 (La.10/13/06), 939 So.2d 366. Generally, a trial judge is presumed to be impartial; thus, a party contending that a judge did not act impartially is required to present some factual basis to support his claim and may not rely on conclusory allegations. Straughter v. Government Employees Ins. Co., 05-699 (La.App. 5 Cir. 3/14/06), 926 So.2d 617, 623.

In the present case, we find that Mr. Ramos failed to prove that the trial judge did not act impartially because of Mr. Ramos’s immigration status. During cross-examination of Mr. Ramos, there was only one question asked regarding his immigration status, and the issue of immigration was never raised again. In his appellate brief, Mr. Ramos makes conclusory allegations that after this question, the trial judge became biased as is evidenced by the trial court’s holding Mr. Ramos in contempt of court based on his finding that Mr. Ramos committed fraud and perjury. Mr. Ramos has failed to present any factual basis for his claim other than an adverse judgment. From the record, it is clear that the trial court’s ruling was not based on Mr. Ramos’s immigration status, but rather on his belief that Mr. Ramos was not credible due to the inconsistencies in his testimony. In fact, at a post-trial hearing, Mr. Ramos’s attorney conceded that defense counsel did a very effective job of calling into question his client’s credibility and further accepted the Court’s finding that Mr. Ramos was not credible. Accordingly, we find no merit to Mr. Ramos’s argument that the trial court was biased against him because of his immigration status.

FACTUAL DETERMINATIONS OF TRIAL COURT

On appeal, Mr. Ramos also challenges the factual determinations by the trial court. Specifically, Mr. Ramos contends that the trial court erred in finding that he failed to carry his legal burden of proof that an accident and/or injury occurred; that the accident alleged did not occur and, if it did occur, it was staged; and that he | (¡participated in a systematic, intentional fraud with his testimony constituting insulting perjury upon the Court.

A court of appeal may not set aside a trial court’s finding of fact in the absence of manifest error or unless it is clearly wrong. Rosell v. ESCO, 549 So.2d 840, 844 (La.1989). Credibility is a factual determination that cannot be set aside without a finding of manifest error. Twiner v. Dinvaut, 11-854 (La.App. 5 Cir. 3/13/12), 90 So.3d 1107, 1112.

In order to reverse a factual determination by the trier of fact, the appellate court must apply a two-part test.

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Bluebook (online)
136 So. 3d 338, 13 La.App. 5 Cir. 685, 2014 WL 766400, 2014 La. App. LEXIS 501, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ramos-v-usagencies-casualty-insurance-co-lactapp-2014.