HUBBARD v. RUDOLPH

No. 88-CA-0486.

539 So.2d 642 (1989)

Lester HUBBARD, Jr. v. Mervin RUDOLPH.

Court of Appeal of Louisiana, Fourth Circuit.

On Rehearing February 16, 1989.

Writ Denied March 27, 1989.


Attorney(s) appearing for the Case

Louis A. Gerdes, Jr., Gerdes and Valteau, New Orleans, for plaintiff-appellee.

John I. Hulse, IV, Hulse, Nelson and Wanek, New Orleans, for defendant-appellant.

Ivor A. Trapolin, L. Kevin Coleman, Miles G. Trapolin, Trapolin & Coleman, New Orleans, for intervenor-appellee.

Before GARRISON, KLEES and LOBRANO, JJ.


GARRISON, Judge.

The case at hand is one in which this court, although in disagreement with a judgment in favor of the plaintiff, is not free to replace that conclusion as to liability with its own opinion. Following our review of the record, it was the conclusion of each member of this panel that the judgment as to liability was tenuous indeed. However, the facts presented did not support the conclusion that the jury's decision amounted to manifest error.

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