From our private database of 37,500+ case briefs...
Maricle v. Liberty Mutual Insurance Co.
Louisiana Court of Appeal
898 So. 2d 565 (2005)
Marilyn Maricle (plaintiff) was injured when her car was struck by a truck being driven by Donald Dyer. State Trooper Clifton Mire prepared an accident report with his findings about the accident and cited Maricle for making an unsafe turn. Maricle brought a personal-injury action against Dyer, Dyer’s trucking company, and Liberty Mutual Insurance Company (defendants). Mire testified at trial. Counsel asked Mire whether he needed his accident report to testify, and Mire replied that he needed the report to testify accurately. Counsel never asked Mire whether the report refreshed his memory or whether he was relying solely on the report’s contents to give testimony because he could not sufficiently recall the accident. The court admitted Mire’s accident report into evidence and allowed Mire to read from and testify about the report. The jury ultimately found that Dyer was not at fault for the accident. Maricle appealed to the Louisiana Court of Appeal.
Rule of Law
Holding and Reasoning (Peters, J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 631,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.Unlock this case briefRead our student testimonials
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.Learn about our approachRead more about Quimbee
Here's why 631,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 37,500 briefs, keyed to 984 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.