Opinion

McCarter c. Lawton

  • 2009 La.App. 4 Cir. 1508
  • 44 So. 3d 342
  • 2010 La. App. LEXIS 1063
  • 2010 WL 2858608
Court
Louisiana Court of Appeal
Filed
Jul 21, 2010
Status
Published
Author
Love
On the bench
Bonin, Gorbaty, Love
Cited by
8 cases
Authority
More cited than 17.7%

The opinion

LOVE, J.,

Concurs in the Result.

hi concur in the majority result. I write separately to emphasize that while Mr. McCarter urged that a deviation from the standard of care was evident in the matter stib judice, the record reflects that the jury gave greater weight to contrary expert opinions.

Where there are two permissible views of the evidence, the fact finder’s choice cannot be manifestly erroneous or clearly wrong. Rosell v. ESCO, 549 So.2d 840, 845 (La.1989). Thus, this Court may not substitute another factual conclusion for the jury’s determination, and to do otherwise would usurp the role of the jury and substitute my view of the facts.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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