Byrd v. State ex rel. Department of Public Safety & Corrections

hMARVIN, Justice Ad Hoe.1

In this medical malpractice action this court granted a writ to review whether the court of appeal’s reversal, on factual grounds, of the trial court judgment in plaintiffs favor was based on a misapplication of the clearly wrong standard of appellate review this court has mandated. Rosell v. ESCO, 549 So.2d 840 (La.1989); Stobart v. State Through DOTD, 617 So.2d 880 (La.1993).

Our review of the record leads us to conclude that the appellate court’s reversal of the trial court judgment on the basis of clear factual error was correct for reasons which we hereafter…