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LeBlanc v. Baxter5/31/2005
een stopped where he claimed, it is highly likely that his car would have been struck by the van, considering how far back the van was hit and how the right end rotated to the right as the van slid across the roadway. Winkler noted that the Plaintiff's van traveled 50 feet after impact. He explained that the van flipped over because the impact to the rear caused the right end to rotate around the center of the van. He noted that this is common with this type of vehicle when struck in this manner. The rotation factor caused the top of the van to end up perpendicular to its original path. Winkler also testified that, in an accident of this magnitude, he found it strange that Gattuso did not immediately go to the investigating officer to tell him that he was an eyewitness, but waited until 3 years later.
Winkler also disputed the testimony of January and Gattuso that Baxter was traveling very slowly prior to the impact, and that his car did not skid. The physical evidence of the car damage and skid marks show otherwise.
Winkler testified that Timmons' version is consistent with the skid marks, the location of the van after the impact, and the damage to Baxter's car. Winkler stated that all of the witnesses should have heard the tires squealing. Furthermore, he believed that Timmons' testimony, that the light was green for the Plaintiff when she crossed the intersection, is credible, because Timmons had to ensure his own safety before walking into the traffic lanes.
Winkler acknowledged that the police officer wrote in his report that it was obvious that Baxter observed the Plaintiff's van cross his path. However, Winkler said this was a common error made by those without advanced training because they erroneously consider the point of perception to be where the skid marks start, rather than from where the hazard is first noticed and the reaction begins. He also disputed Baxter's claim that he saw a white flash pass him that caused him to brake, because, based on the physical evidence, the Plaintiff would have made it though the intersection safely had that happened.
Winkler further stated that the damage sustained by the Baxter car was consistent with his conclusions, along with Baxter's testimony that there was nothing in front of him to obscure his vision or distract him. Winkler concluded that the only reasonable explanation for Baxter's braking hard enough to lock his brakes was that the light at Derbigny changed from green to red, not red to green. Winkler concluded that Baxter was at fault in the accident.
On appellate review, the court's function is to determine whether the findings of the trier-of-fact were clearly wrong or manifestly erroneous. Himel v. State ex rel. Dept. of Transp. and Development, 04-274, p. 8 (La. App. 5th Cir. 1/12/04), 887 So.2d 131, 137-138, writ denied, 04-2802 (La. 3/18/05), ---So.2d ---; Rosell v. ESCO, 549 So.2d 840, 844 (La.1989). Where there is a conflict in the testimony, reasonable evaluations of credibility and reasonable inferences of fact should not be disturbed upon review, even though the appellate court may feel that its own evaluations and inferences are as reasonable. Himel, 04-274 at 8, 887 So.2d at 137-138; Rosell, 549 So.2d at 844. The issue to be resolved by the reviewing court is not whether the factfinder was right or wrong, but whether its conclusion was a reasonable one. Himel, 04-274 at 8, 887 So.2d at 138; Stobart v. State, Through DOTD, 617 So.2d 880, 882 (La.1993). Thus, where two permissible views of the evidence exist, the factfinder's choice between them cannot be manifestly erroneous or clearly wrong. Himel, 04-274 at 8, 887 So.2d at 138; Stobart, 617 So.2d at 882. Only where the documents or obj
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