Legal Opinion · Dissent

Davis v. State Ex Rel. Department of Transportation & Development, Office of Risk Management

Louisiana Court of Appeal

Decided November 10, 2009No. 09-288Published

1DissentThibodeaux, Chief Judge

hi dissent. While an appellate court must be deferential to the reasonable findings of a trier of fact, it is not compelled to slavishly adhere to those findings when the record, read as a whole, dictates otherwise. See Ambrose v. New Orleans Police Dep’t Ambulance Serv., 93-3099 (La.7/5/94), 639 So.2d 216. This is such a case. A careful reading of the entire record cries out for a reversal of this judgment.

Exclusion of Exhibits

The workers’ compensation judge (WCJ) erred in several procedural rulings that *978resulted in the exclusion of almost all of the parties’ evidence at trial.

At trial, Ms.…

2Cases cited26 opinions

  1. Ambrose v. New Orleans Police Amb. Serv.Supreme Court of Louisiana · 1994
  2. Leake v. ParsonLouisiana Court of Appeal · 1925
  3. Frith v. Riverwood, Inc.Supreme Court of Louisiana · 2005
  4. Campbell v. Luke Const. Co.Supreme Court of Louisiana · 1985
  5. Vernon v. Wade Correctional InstituteLouisiana Court of Appeal · 1994

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