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Virgil v. American Guar. & Liability Ins.
Citation: 507 So. 2d 825Docket: 87-C-0810
Court: Supreme Court of Louisiana; May 29, 1987; Louisiana; State Supreme Court
The Louisiana Supreme Court addressed the case of Larry Joe Virgil v. American Guarantee and Liability Insurance Company, affirming the need for the manifest error standard of appellate review to be applied when the evidence consists solely of written reports, records, and depositions. The court determined that the court of appeal erred in its assessment of credibility and in weighing medical evidence, acting as if it were the trier of fact. The ruling reiterates the principle established in Canter v. Koehring Co. that appellate courts should not disturb factual findings made by trial courts unless there is manifest error, emphasizing the trial court's superior ability to evaluate live witnesses and the importance of maintaining the allocation of functions within Louisiana’s three-tiered court system. The court set aside the court of appeal's judgment and remanded the case for proper review under the manifest error standard. Justice Dennis concurred, highlighting that trial judges' decisions deserve deference, particularly when interpreting depositions alongside live testimony. Justices Dixon and Marcus dissented, advocating for the denial of the application.