Opinion

McMahon v. Regional Transit Authority

  • 704 So. 2d 392
  • 1997 La. App. LEXIS 2901
  • 1997 WL 764408
Court
Louisiana Court of Appeal
Filed
Dec 10, 1997
Status
Published
Author
Ciaccio
On the bench
Ciaccio, Jones, Klees, Landrieu, Waltzer
Cited by
3 cases

The opinion

CIACCIO, Judge,

dissenting.

Plaintiffs injury in this case is not the type which is readily discernable. Defendant’s medical witness, Dr. Warren Levy, stated that there was no injury to plaintiffs brain, and that her headaches have no relationship to the accident in this case. Although plaintiff offered conflicting testimony, the factfin-der was in the best position to assess the credibility of the witnesses. The jury apparently believed the testimony of defendant’s witnesses. There was also testimony that plaintiff has a full-time job with significant responsibilities for which she is paid a good salary. I find no abuse of the jury’s discretion in awarding damages to plaintiff, and I would therefore affirm the judgment of the trial court.

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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