Opinion

Clyde Snider, Jr., Et Ux v. Louisiana Medical Mutual Insurance Company

  • 169 So. 3d 319
  • 2015 La. LEXIS 707
  • 2015 WL 2082480
Court
Supreme Court of Louisiana
Filed
May 5, 2015
Status
Published
Author
Crichton
On the bench
Crichton, Knoll
Cited by
52 cases
Authority
More cited than 11.6%

The opinion

CRICHTON, J.,

additionally concurs and assigns reasons.

hi concur in the per curiam opinion reversing the court of appeal. I write separately to emphasize the substantial weight given to a jury’s finding of fact under Louisiana law. See Rosell v. ESCO, 549 So.2d 840, 844 (La.1989). As esteemed late Justice Albert Tate, Jr. observed, the rule of limited appellate review in the absence of manifest error “requires that the appellate court will not disturb the trial court’s express or implied factual findings if the evidence is reasonably open to any interpretation in accord therewith.” A. *325 Tate, “Manifest Error”—Further obse rvations on appellate review of facts in Louisiana civil cases, 22 La. L.Rev. 605, 611 (1962).

The court of appeal disregarded this mandate in this case, despite the fact that the evidence presented at trial was “reasonably open to any interpretation” in accordance with the jury’s verdict. Indeed, as the per curiam explains, even plaintiffs’ own expert testified on cross-examination that the guidelines for pacemaker implantation were met in this case. As a result, I believe that, consistent with prior jurisprudence of this Court, the ease is properly reversed.

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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