Virgil v. American Guarantee and Liability Ins. Co.
| Citation | 507 So.2d 825 |
| Decision Date | 29 May 1987 |
| Docket Number | No. 87-C-0810,87-C-0810 |
| Parties | Larry Joe VIRGIL v. AMERICAN GUARANTEE AND LIABILITY INSURANCE COMPANY, et al. |
| Court | Supreme Court of Louisiana |
Edmond R. Eberle, New Orleans, for applicant.
Thomas L. Gaudry, Jr., Windhorst, Pastorek & Gaudry, Harvey, for respondent.
Prior Report: 503 So.2d 45.
Granted. The court of appeal erred in holding that the manifest error standard of appellate review does not apply when the evidence before the trier of fact consists solely of written reports, records and depositions. The court further erred in assessing credibility and weighing medical evidence as if the court of appeal were the trier of fact.
The manifest error standard and its purpose were stated succinctly in Canter v. Koehring Co., 283 So.2d 716 (La.1973), as follows:
(emphasis supplied)
Louisiana's three-tiered court system allocates the fact finding function to the trial courts. Because of that allocation of function (as well as the trial court's normal procedure of evaluating live witnesses), great deference is accorded to the trial court's factual findings, both express and implicit, and reasonable evaluations of credibility and reasonable inferences of fact should not be disturbed on appellate review of the trial court's judgment.
Accordingly, the judgment of the court of appeal is set aside, and the case is remanded to the court of appeal to review the record under the manifest error standard of appellate review.
DENNIS, J., concurs. In my opinion the trial judge's decision is always...
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