Legal Opinion · Dissent

Coleman v. Lewis

Louisiana Court of Appeal

Decided March 31, 2000No. 99 CA 0094Published

1Dissent

h GUIDRY, J.,

dissenting.

By its ruling, the majority reverses the judgment of the trial court upon finding that the plaintiff failed to establish a causal fink between the wrongful act of the defendant and the injuries complained of by the plaintiff. However, under the manifest error standard of review, the appellate court should give deference to the findings of the trial court based on its capacity to evaluate live witnesses, as compared with the appellate court’s access only to a cold record. Ranger Insurance Company v. Mancuso, 94-464, p. 5 (La.App. 5th Cir.2/15/95), 652 So.2d 28, 31. In…

2Cases cited4 opinions

  1. Howell v. Service Merchandise Co., Inc.Louisiana Court of Appeal · 1995
  2. Sanders v. CollinsLouisiana Court of Appeal · 1989
  3. White v. State Farm Mut. Auto. Ins. Co.Louisiana Court of Appeal · 1998
  4. Ranger Ins. Co. v. MancusoLouisiana Court of Appeal · 1995

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