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ROSENSON v. BEL

No. 8891.

357 So.2d 64 (1978)

Leonard H. ROSENSON v. Patty F. BEL and ABC Insurance Company.

Court of Appeal of Louisiana, Fourth Circuit.

Rehearing Denied April 11, 1978.

Attorney(s) appearing for the Case

Sessions, Fishman, Rosenson, Snellings & Boisfontaine, J. David Forsyth, New Orleans, for plaintiff-appellant.

James J. Morse, Grayson H. Brown, Metairie, for defendants-appellees.

Before REDMANN, LEMMON and GULOTTA, JJ.

GULOTTA, Judge.

The trial judge, in dismissing plaintiff's suit, unquestionably made a credibility call in which he apparently found plaintiff was "backing up" at the time of the accident. The defendant driver and her sister, a passenger in defendant's automobile, both stated that plaintiff was backing up at the time of the accident. Their testimony is not internally impossible or otherwise incredible. Accordingly, there exists evidence in the record to support the...

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