Cheatham v. State Farm Mutual Automobile Insurance

hBYRNES, C.J.,

dissents with reasons.

This is one of those cases “[w]here documents or objective evidence so contradict the witness’s story, or the story itself is so internally inconsistent or implausible on its face, that a reasonable fact finder would not credit the witness’s story, [and] the court of appeal may well find manifest error or clear wrongness even in a finding purportedly based upon a credibility determination.” Rosell v. ESCO, 549 So.2d 840 (La.1989).

Additionally, the trial court erred in assigning the entire fault to the defendant-appellant because the plaintiff, as a…