Maricle v. Liberty Mutual Insurance Co.

898 So. 2d 565 (2005)

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Maricle v. Liberty Mutual Insurance Co.

Louisiana Court of Appeal
898 So. 2d 565 (2005)

Facts

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

Issue

Holding and Reasoning (Peters, J.)

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