Rosenson v. Bel
Also decided on this docket: La. Ct. App. 1st Cir., June 26, 1972 264 So. 2d 734; La. Ct. App. 1st Cir., November 25, 1958 107 So. 2d 542
Rosenson v. Bel, 357 So. 2d 64 (La. Ct. App. 1st Cir. 1978).
Authorities cited
Identified automatically; this list may not be exhaustive.
- Canter v. Koehring Company 283 So. 2d 716
Opinion text
GULOTTA, Judge. The trial judge, in dismissing plaintiff’s suit, unquestionably made a credibility call in which he apparently found plaintiff was “backing up” at the time of the accident. The defendant driver and her sister, a passenger in defendant’s automobile, both stated that plaintiff was backing up at the time of the accident. Their testimony is not internally impossible or otherwise incredible. Accordingly, there exists evidence in the record to support the trial court’s conclusion. In such instance we are not at liberty to substitute our factual findings based upon credibility for those of the trial judge. Canter v. Koehring Company, 283 So.2d 716 (La.1973). Accordingly, the judgment is affirmed. AFFIRMED.