Opinion

Brandon v. Motors Liquidation Co.

  • 79 So. 3d 454
  • 2011 La. App. LEXIS 1331
  • 2011 WL 5374997
Court
Louisiana Court of Appeal
Filed
Nov 9, 2011
Status
Published
Author
Brown
On the bench
Brown, Gaskins, Moore, Stewart, Williams
Cited by
0 cases

The opinion

BROWN, Chief Judge,

concurring.

1 plaintiffs attorney in brief emphasized that the excerpts used to attack plaintiffs credibility are “really more relevant to the issue of causation.” That is, to the second part of the WCJ’s opinion that “plaintiff has failed to prove that his preexisting condition was exacerbated by the alleged accident of June 8, 2008.” The first part of the opinion is that there was no accident.

This court now finds that one misstatement of fact was manifestly erroneous. If so, we should review the case de novo rather than remand for the trial court to reevaluate its opinion that an accident occurred. In order to move forward on this case, I have concurred.

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.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.