GENOVESE Judge.
Defendant, Safeway Insurance Company of Louisiana (Safeway), appeals a judgment in favor of Plaintiffs, Margaret F. Spears (Margaret) and Willie L. Spears (Willie), declaring that Plaintiffs had not settled their claims against Safeway prior to filing the instant lawsuit. For the following reasons, we affirm.
On February 13, 2012, Margaret was involved in an automobile accident with
Safeway answered, alleging that Margaret and Willie had settled their claims prior to the filing of their lawsuit by endorsing and depositing two checks dated March 21, 2012.
A bench trial was held on October 27, 2014, after which the trial court found an absence of a meeting of the minds between the parties, thereby maintaining the claims of Margaret and Willie against Safeway. Thereafter, the trial court took the issue of damages
Safeway assigns the following errors for our review:
Whether a settlement was perfected is in dispute. Louisiana Civil Code Article 3071 provides: "A compromise is a contract whereby the parties, through concessions made by one or more of them, settle a dispute or an uncertainty concerning an obligation or other legal relationship." Louisiana Civil Code Article 3072 requires: "A compromise shall be made in writing or recited in open court, in which case the recitation shall be susceptible of
In Adrian v. Adrian, 15-419, pp. 2-3 (La.App. 3 Cir. 11/4/15), 178 So.3d 297, 299-300, this court explained the standard of review applicable herein as follows:
Therefore, we will apply the manifest error standard of review to the trial court's ruling that Margaret and Willie had not settled all of their claims against Safeway prior to filing suit.
Safeway's assignments of error assail the trial court's reliance upon the testimonies of Margaret and Willie. Safeway contends that trial court erred by ignoring its objective evidence, which it alleges contradicts the testimonies of Margaret and Willie.
On March 21, 2012, Safeway sent Margaret and Willie a letter and two checks: (1) check number 185217 for $494.55, payable to Margaret and Willie, and, (2) check number 185218 for $452.00, payable to Margaret, Willie, and Haik, Minvielle, and Grubbs. On the front of both checks, the following inscription appeared: "Full and final settlement FOR ALL CLAIMS for accident on 02/13/12 at 1700 U.S. HWY 167 PINEVILLE, LA." Safeway's letter, signed by Keisha Guy, the claims adjuster assigned to the claim, characterized the checks as payments pursuant to a verbal settlement agreement reached between the parties on March 20, 2012. Safeway argues that it reached a settlement agreement that was reduced to writing and signed by Margaret and Willie, thereby creating a valid settlement.
Safeway also contends that the trial court erred in accepting Willie's alleged understanding of its settlement language. Willie claimed that he understood "full and final settlement of all claims" meant existing claims and not any future claims. Safeway argues that Willie's interpretation was implausible and that it was unreasonable for the trial court to credit his testimony.
Margaret denied that she agreed to a settlement. Margaret testified that she had only one brief telephone conversation with Safeway shortly after her accident and that the conversation was not about settling her claims. Margaret admitted, however, that Willie handled all business matters.
Willie denied that he agreed to a settlement. Willie testified that he called Safeway after receiving a letter from an attorney regarding Margaret's ER bill, which he believed was a threat that he would be sued if the bill was not paid. Willie claims that he told Safeway about the letter he received regarding the ER debt and about
Safeway refuted Willie's claim that he called after receiving the two settlement checks. Safeway asserts that its records prove that Ms. Guy spoke to Willie on March 20, 2012, wherein a verbal settlement agreement had been reached. Ms. Guy did not testify. Safeway, instead, offered the testimony of Jennifer Menard, Ms. Guy's supervisor.
Considering our manifest error review of the record, we find that the trial court's ruling is reasonably supported by the evidence. Safeway's evidence, though at odds with the testimonies of Margaret and Willie, does not negate the fact that the trial court made a credibility determination. We are mindful that the trier of fact is in the best position to assess the demeanor and judge the credibility of witnesses when there is conflicting testimony. See Hayes Fund for the First United Methodist Church of Welsh, LLC v. Kerr-McGee Rocky Mountain, LLC, 14-2592 (La. 12/8/15), 193 So.3d 1110. "[W]here there are two permissible views of the evidence, the factfinder's choice between them cannot be manifestly erroneous or clearly wrong." Id. at 1116 (citing Rosell v. ESCO, 549 So.2d 840 (La.1989)). Affording great deference to the trial court, we do not find its ruling to be unreasonable. Therefore, we affirm the ruling of the trial court that Margaret and Willie had not settled their claims against Safeway prior to filing their lawsuit.
For the foregoing reasons, the judgment of the trial court is affirmed. All costs are assessed to Defendant/Appellant, Safeway Insurance Company of Louisiana.