Suire v. Robison
Docket: No. 86-674
Court: Louisiana Court of Appeal; June 26, 1987; Louisiana; State Appellate Court
Plaintiff Patricia Suire initiated a suit against Richard Wayne Robison to establish paternity and seek child support for her son, Jason. The court ruled in favor of Robison, concluding that Suire did not meet the burden of proof required to establish paternity. Both parties acknowledged having sexual intercourse twice in November 1982, shortly before Jason's birth on August 10, 1983. Key evidence included blood tests conducted by Dr. Leslie Bryant, indicating a 97.28% probability that Robison is Jason's biological father; however, this probability alone was insufficient to establish paternity without additional credible evidence. The trial court found that the overall evidence was unfavorable to Suire. Dr. Michael Schendel testified that based on Suire's menstrual history, Jason was likely conceived around November 1, 1982, prior to the acknowledged sexual encounters with Robison. Additional testimonies revealed Suire had sexual relations with other men around the same time, casting further doubt on her claim. Given these factors, the court determined that Suire did not prove by a preponderance of the evidence that Robison is Jason's biological father. Consequently, the trial court's judgment was affirmed, with costs to be borne by Suire.