Woolfolk v. TRISM, INC.

976 So. 2d 216, 2008 WL 239943
CourtLouisiana Court of Appeal
DecidedJanuary 16, 2008
Docket2007-CA-0749, 2007-CA-0750
StatusPublished
Cited by1 cases

This text of 976 So. 2d 216 (Woolfolk v. TRISM, INC.) 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
Woolfolk v. TRISM, INC., 976 So. 2d 216, 2008 WL 239943 (La. Ct. App. 2008).

Opinion

976 So.2d 216 (2008)

Earl WOOLFOLK and Barbara Woolfolk
v.
TRISM, INC., Larry Finley, and United States Fidelity and Guaranty Association.
Earl Woolfolk and Barbara Woolfolk
v.
Bill Watson Ford, Inc., National Union Fire Insurance Company of Pittsburgh and S. Coleman.

Nos. 2007-CA-0749, 2007-CA-0750.

Court of Appeal of Louisiana, Fourth Circuit.

January 16, 2008.

*218 A. Remy Fransen, Jr., Christopher J. Fransen, Fransen & Hardin, New Orleans, LA, for Plaintiff/Appellee, Earl Woolfolk.

Paul A. Eckert, Bastian & Associates, New Orleans, LA, for Bill Watson Ford, Inc. and National Union Fire Insurance Company of Pittsburgh, PA.

(Court composed of Chief Judge JOAN BERNARD ARMSTRONG, Judge PATRICIA RIVET MURRAY and Judge EDWIN A. LOMBARD).

JOAN BERNARD ARMSTRONG, Chief Judge.

The defendants-appellants, Bill Watson Ford, Inc. and National Union Fire Insurance Company of Pittsburgh, PA, appeal a personal injury judgment signed on March 9, 2007, in favor of the plaintiff-appellee, Earl Woolfork in the total sum, of $162, 737.00. We affirm.

This $162,737.00 was broken down in the judgment as follows: $38,000.00 for pain and suffering and mental anxiety; $18,744.00 for past medical expenses; $20,000.00 for future medical expenses; $60,993.00 for past lost income; $25,000.00 for loss of enjoyment of life. The defendants contend that the plaintiff is not entitled to recover anything, but make no objection as to the specific amount of any of these awards.

The injuries plaintiff suffered were sustained when the plaintiff's vehicle was struck on October 13, 1998, by a vehicle owned by Bill Watson Ford and operated by Sharil Coleman. The Bill Watson vehicle was insured by Bill Watson's co-defendant, National Union Fire Insurance Company of Pittsburgh, PA. These two co-defendants have taken a suspensive appeal jointly.

This is a fact intensive case and manifest error is the issue. Therefore, we look to the following pronouncement from Ambrose v. New Orleans Police Dept. Ambulance Service, 93-3099, pp. 8-9 *219 (La.7/5/94), 639 So.2d 216, 220-221, for guidance:

In Arceneaux v. Domingue, 365 So.2d 1330 (La.1978), this Court held that the court of appeal should not upset the factual findings of a trial court absent manifest error or unless clearly wrong. A proper review, therefore, cannot be "completed by reading so much of the record as will reveal a reasonable factual basis for the finding in the trial court; there must be a further determination that the record established that the finding is not clearly wrong." Id. at 1333. More recently, regarding this constitutional appellate review of fact in civil cases, La, Const, art. 5, § 10, we have had occasion to say in Youn v. Maritime Overseas Corp., 623 So.2d 1257 (La. 1993), a case which involved the review of damages, that "the discretion vested in the trier of fact is `great,' and even vast," and in Stobart v. State, 617 So.2d 880, 882-83 [(]La.1993), which involved the standard of review of findings of fact, a "court of appeal may not set aside a trial court's or a jury's finding of fact in the absence of `manifest error' or unless it is, `clearly wrong,'" and "where two permissible views of the evidence exists, the factfinder's choice between them cannot be manifestly erroneous or clearly wrong." Id. In each of these cases there was but a perpetuation of the principle set down in Arceneaux. Notwithstanding the Court's earlier guidance to reviewing courts in Stobart v. State through DOTD, 617 So.2d 880 (La.1993), it was not our purpose in that case to mandate that the trial court's factual determinations cannot ever, or hardly ever, be upset. Although deference to the factfinder should be accorded, the court of appeal, and the Louisiana Supreme Court, nonetheless have a constitutional duty to review facts. [FN5 omitted.] Of course, the reviewing court may not merely decide if it would have found the facts of the case differently. Rather, notwithstanding the belief that they might have decided it differently, the court of appeal should affirm the trial court where the latter's judgment is not clearly wrong or manifestly erroneous. Because the court of appeal has a constitutional function to perform, it has every right to determine whether the trial court verdict was clearly wrong based on the evidence, or clearly without evidentiary support.

Id.

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 Guaranty and Liability Ins. Co., 507 So.2d 825 (La.1987); Canter v. Koehring Co., 283 So.2d 716, 724 (La.1973).

Applying these principles to the question of expert testimony, this Court stated recently that:

"[W]here the testimony of expert witnesses differ, it is the responsibility of the trier of fact to determine which evidence is the most credible." Asbestos v. Bordelon, Inc., 96-0525 (La.App. 4 Cir. 10/21/98), 726 So.2d 926, 966. Those "[credibility determinations are subject to the strictest deference and the manifest error-clearly wrong standard demands great deference for the trier of fact's findings." Id. A fact-finder's choice between two permissible views of the evidence cannot be manifestly erroneous or clearly wrong. Id. Thus, even if the testimony of both experts is considered credible, the trial court's choice of Asher's testimony over Boudreaux's *220 cannot be found to be manifestly erroneous or clearly wrong, and cannot be disturbed on appeal.

Brown v. Schwegmann, 05-0830, p. 7 (La. App. 4 Cir. 4/25/07), 958 So.2d 721, 725.

In addition to proceeding according to the precepts of the manifest error standard of review, we find that the plaintiff bears the burden of proof as to causation in this case. Maranto v. Goodyear Tire & Rubber Co., 94-2603, (La.2/20/95), 650 So.2d 757, 759. In a personal injury suit, the plaintiff bears the burden of proving a causal relationship between the injury sustained and the accident which caused the injury. Id. Plaintiff must prove causation by a preponderance of the evidence. Id. The test for determining the causal relationship between the accident and subsequent injury is whether the plaintiff proved through medical testimony that it is more probable than not that the subsequent injuries were caused by the accident. Id.

A claimant's disability is presumed to have resulted from an accident, if before the accident the injured person was in good health, but commencing with the accident the symptoms of the disabling condition appear and continuously manifest themselves afterwards, providing that the medical evidence shows there to be a reasonable possibility of causal connection between the accident and the disabling condition. Housley v. Cerise, 579 So.2d 973, 980 (La.1991) Whether an accident caused a person's injuries is a question of fact which should not be reversed on appeal absent manifest error. Id., at 979.

The defendants do not challenge their responsibility for the Bill Watson vehicle. Their primary contention is that the plaintiff's injuries, if any, were the result of a prior auto accident which occurred almost exactly one year earlier on October 27, 1997, i.e., they were pre-existing injuries.

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Bluebook (online)
976 So. 2d 216, 2008 WL 239943, Counsel Stack Legal Research, https://law.counselstack.com/opinion/woolfolk-v-trism-inc-lactapp-2008.