203 So. 3d 400 - Jolivette v. Hebert’s Empirical Analysis

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1 state decisions

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1. “In reviewing fault allocation, the factfinder's allocation is a factual determination that is owed deference and is subject to the manifest error/clearly wrong standard of review. Clement v. Frey, 95-1119, 95-1163 (La. 1/16/96), 666 So.2d 607 . The supreme court recently summarized the manifest error standard of review: This court has announced a two-part test for the reversal of a factfinder's determinations: (1) the appellate court must find from the record that a reasonable factual basis does not exist for the finding of the trial court, and (2) the appellate court must further determine that the record establishes that the finding is clearly wrong (manifestly erroneous). See Mart v. Hill , 505 So.2d 1120 , 1127 (La.1987). This test dictates that a reviewing court must do more than simply review the record for some evidence which supports or controverts the trial court's findings. See id. The reviewing court must review the record in its entirety to determine whether the trial court's finding was clearly wrong or manifestly erroneous. See id. Lobell v. Rosenberg , 15-247, p.10 (La. 10/14/15), 186 So.3d 83 , 90. In reviewing the factfinder's allocation of fault, the supreme court has set forth various factors for consideration: (1) whether the conduct resulted from inadvertence or involved an awareness of the danger, (2) how great a risk was created by the conduct, (3) the significance of what was sought by the conduct, (4) the capacities of the actor, whether superior or i”

   1 later decision quote this exact passage
   e.g. Palir v. Guideone Ins. Co.