Legal Opinion · Dissent

Romero v. Louisiana Commerce & Trade Ass'n

Louisiana Court of Appeal

Decided July 13, 2012No. 11-1533Published

1DissentThibodeaux, Chief Judge

|,The plaintiff clearly rebutted that intoxication caused the accident. Dr. Heinen testified that the amount of marijuana found in Mr. Romero’s system would suggest smoking approximately one week before the accident. Further, the workers’ compensation judge commented that she found it difficult to believe or accept that the plaintiff could still be intoxicated a week after smoking marijuana. While she did say that the plaintiffs “poor judgment” was caused by intoxication, the record does not show that. We must give deference, of course, to the findings of the trial judge. But, the trial…

2Cases cited4 opinions

  1. Ross Milling Co. v. GilibertiLouisiana Court of Appeal · 1925
  2. Forrester v. New Orleans Iron WorksLouisiana Court of Appeal · 2004
  3. Bernard v. Cox Communications, Inc.Louisiana Court of Appeal · 2002
  4. Simpson v. Jeanerette Sugar Co.Louisiana Court of Appeal · 1995

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