State Farm Mutual Automobile Insurance Co. v. Carter
2011 La. App. LEXIS 1272
| La. Ct. App. | 2011Background
- November 21, 2008, accident on West 70th Street in Shreveport between Carter (Farm Bureau) and Boyer (State Farm).
- Dispute centers on opposing versions of fault; Carter claims Boyer struck him after Carter pulled into a center turning lane.
- Trial court held Carter fully liable and awarded State Farm $6,015.78 with interest.
- Appeal contends the trial court improperly admitted an impeachment transcript and that credibility findings were erroneous.
- Trial court relied on Carter’s inconsistent testimony (including prior statements and glasses), but appellate court affirmed credibility ruling.
- Standards of review require deference to credibility findings absent manifest error; prejudice must be shown to warrant reversal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Impeachment admissibility of the recorded statement | Farm Bureau: improper impeachment | State Farm: impeachment proper | No reversible prejudice; credibility independent of impeachment ruling |
| Whether the trial court’s credibility finding was clearly wrong | Carter credible issues undermine ruling | Boyer/State Farm: credibility correctly assessed | No manifest error; Carter properly found not credible and fully liable |
Key Cases Cited
- Cole v. State Department of Public Safety and Corrections, 825 So.2d 1134 (La. 2002) (reversal only for manifest error or lack of any reasonable basis in the record)
- Stobart v. State through Dept. of Transp. and Development, 617 So.2d 880 (La.1993) (credibility determinations are deferential on appeal)
- Rosell v. ESCO, 549 So.2d 840 (La.1989) (reasonable evaluations of testimony should not be disturbed on review when conflict exists)
- LeBlanc v. Stevenson, 770 So.2d 766 (La.2000) (de novo fact-finding when reversible error of law or manifest error of fact)