# McMahon v. Regional Transit Authority

> Louisiana Court of Appeal · December 10, 1997 · 704 So. 2d 392

URL: https://www.frixlaw.com/law-library/cases/7711539

## Case

- **Full name:** Mona McMAHON v. REGIONAL TRANSIT AUTHORITY
- **Court:** Louisiana Court of Appeal
- **Decided:** December 10, 1997
- **Citations:** 704 So. 2d 392; 1997 La. App. LEXIS 2901; 1997 WL 764408
- **Precedential status:** Published
- **Opinion:** Dissent by Ciaccio
- **Judges:** Ciaccio, Jones, Klees, Landrieu, Waltzer
- **Cited by:** 3 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/7711539

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/7711539. Public record. Not legal advice.