Robertson v. Aetna Casualty & Surety
Robertson v. Aetna Casualty & Surety
Opinion of the Court
Jared Robertson, Jr. appeals the district court’s judgment on the merits, dismissing his battery claim against Robert Blake, Sr. The issue is whether the trial court’s findings were manifestly erroneous or clearly wrong. We affirm.
Robertson and Blake are brothers-in-law by virtue of their wives being sisters. On the evening of May 14, 1985, Blake and several members of his family attended a promotional dinner hosted by a building supply company in Gretna. Robertson and some of his family members also attended that dinner. Toward the end of the function, Robertson and Blake exchanged angry words about Blake’s failure to appear and testify earlier that day in a civil trial involving their father-in-law. As the parties were walking to their cars in the parking lot after the dinner, the heated confrontation between Robertson and Blake renewed and ultimately resulted in a physical altercation between the two men. Alleging that he was injured during the fight, Robertson instituted this lawsuit against Blake
It is well established that an appellate court may not disturb a trial court’s factual findings in the absence of manifest error or unless those findings are clearly wrong. Arceneaux v. Domingue, 365 So.2d 1330 (La. 1978); Nu-Lite Elec. v. Deckard & Treadaway Elec., 498 So.2d 120 (La.App. 5th Cir. 1986). When trial testimony conflicts, the appellate court should not substitute its own evaluations of credibility and inferences of fact for those of the trial court, even if the reviewing court concludes that its evaluations and inferences are as reasonable as the trial court’s. Arceneaux v. Domingue, supra at 1333; Canter v. Koehring, 283 So.2d 716, 724 (La. 1973).
In its most recent pronouncement on the application of the manifest error/clearly wrong standard, the Louisiana Supreme Court emphasized the pivotal role of the factfinder, whether trial court or jury, determining witness credibility and then elaborated on the great respect the lower court’s factual finding based on witness credibility are entitled to receive on appeal:
Where documents or objective evidence so contradict the witness’s story, or the story itself is so internally inconsistent or implausible on its face, that a reasonable fact finder would not credit the witness’s story, the court of appeal may well find manifest error or clear wrongness even in a finding purportedly based upon a credibility determination, (citations omitted)
But where such factors are not present, and a factfinder’s finding is based on its decision to credit the testimony of one of two or more witnesses, that finding can virtually never be manifestly erroneous or clearly wrong, (citations omitted)
Rosell v. Esco, 549 So.2d 840, 844-845 (La. 1989). The appellant invites this court to overturn factual findings resting solely on the trial court’s determinations of witness credibility.
After considering the evidence in its entirety, we cannot say the trial judge erred in finding that Robertson was the aggressor in this case and that Blake acted in self-defense. Of the fifteen witnesses who testified at trial, only two were completely independent of affiliation with either family faction. Both of these witnesses
Under the aggressor doctrine, a person is not entitled to collect damages for a battery when he provoked the situation which led to his injury, unless the responding party used greater force than was reasonably necessary to counter the attack. Tripoli v. Gurry, 253 La. 473, 218 So.2d 563 (1969); Roberts v. Boudreaux, 472 So.2d 166 (La.App. 5th Cir. 1985). Based on the findings of fact that Robertson was the aggressor in this case and that Blake acted in self-defense, the trial court properly ruled that Robertson was precluded from recovering any damages for the injuries he allegedly sustained in the May 14, 1985 altercation.
AFFIRMED
. Mr. FJ. Brassette, Jr. and Mr. Craig Balestra
Case-law data current through December 31, 2025. Source: CourtListener bulk data.