Roper v. Wolfe
Roper v. Wolfe
Opinion of the Court
Appellant, Thomas E. Wolfe, Sr., seeks reversal of a $1,446 damage award
An independent witness, St. Bernard Parish Deputy Sheriff Ernest Nunez, testified he was stopped on the highway in one of the southbound lanes when the accident occurred. He verified Roper had the green light and the car driven by defendant’s minor son moved against the red signal and struck plaintiff as he was in the median.
Appellant’s argument of factual error is predicated on an attack of the deputy’s credibility. It is contended the evidence establishes he was not even at the scene. We note there is some confusion as to which “E. Nunez” reported this accident. In attempting to discredit this witness, defense counsel examined Deputy Sheriff Wallace Ansardi of St. Bernard Parish and elicited that an “E. Nunez” had made numerous calls throughout the evening of April 13, 1971. The inference to be drawn was that “E. Nunez” could not be in two places at the same time and, therefore, could not have seen the accident. None of the calls coincided exactly with the time of the accident report, and on cross-examination, it was disclosed that there are three deputies named “E. Nunez.”
The entry in the Sheriff’s record is not explained, but in rebuttal, plaintiff called Gus Reese, a juvenile probation officer with the St. Bernard Parish Sheriff’s Office, who happened on the scene immediately after the accident and helped take the plaintiff to the hospital. He testified he knew Ernest Nunez and saw him at the scene. Further he testified Nunez’s police scooter, with its red light flashing, was parked by the damaged truck. In addition Nunez and plaintiff testified that before the accident they did not know each other. Nunez affirmed he would not give perjured testimony to assist plaintiff and would have no motive for doing so.
It is a firmly engrained principle of appellate review that unless manifestly erroneous factual findings of the trial court are not to be disturbed. In the instant case we are in complete accord with the evidentiary conclusions of the trial judge.
For the reasons assigned the judgment appealed from is affirmed.
Affirmed.
. Vehicular property damage, $275; injury, pain and suffering, $1,000; and medical expenses, $171.
. Ernest E. Jules and Edward Nunez.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.